Yaad Ram vs State Of U.P. And 3 Others
2022 Latest Caselaw 20757 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 20683 of 2022
 

 
Petitioner :- Yaad Ram
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sujeet Kumar Rai
 
Counsel for Respondent :- C.S.C.,Mahesh Narayan Mishra
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Heard learned counsel for the petitioner and Sri M.N. Mishra, learned counsel appearing on behalf of the respondent nos.2 and 3.

This petition has been filed challenging the order dated 22.11.2022 passed by respondent no.3 by which the additional charge held by the petitioner of Kisan Sewa Sahkari Samiti Lmt., Chaurera, Development Block Pahasu has been handed over to Sri Banwari Lal Sharma, Cadre Secretary of Chhatari Sadhan Sahkari Samiti Ltd., Block Pahasu.

It has been submitted that Sri Banwari Lal Sharma belongs to the same Block i.e. Development Block Pahasu and this Court in its judgment and order dated 07.09.2022 passed in Writ A No.13425 of 2022 (Harish Kumar Sharma Vs. State of U.P. and 3 others) placing reliance upon the Chapter VII Regulation 36(c) of the Uttar Pradesh Primary Agricultural Cooperative Credit Societies Centralized Service Rules, 1978, had observed that no member shall be posted in the Society of the block where he permanently resides. It has been submitted that the order dated 22.11.2022 has been passed without noticing the aforesaid judgment.

Sri M.N. Mishra, learned counsel, on the basis of the instructions, says that Banwari Lal Sharma has only been given additional charge. He has not been made Cadre Secretary of the Society of the Block of which he is original resident.

This Court is of the opinion that additional charge also cannot be given to Banwari Lal Sharma. The order dated 22.11.2022 is quashed with liberty to the respondent no.3 to pass a fresh order within a period of three weeks from today.

In the meantime, the petitioner has already been suspended by order dated 02.12.2022, he shall not be allowed to function but some other regularly appointed Cadre Secretary shall be given charge of the Society in question.

The writ petition is disposed of accordingly.

Order Date :- 12.12.2022/Vivek Kr.