VELABHAI HARDASBHAI PATEL Vs. HIRABHAI HARDASBHAI PATEL

JUDGEMENT

(1.) In this petition, the petitioner has challenged an order dated 29th August, 2006 passed by the Additional Secretary (appeals) by which, the said authority was pleased to allow the revision application filed by respondents no. 1 and 2 herein and set aside the order passed by the Additional Registrar (Cooperative Societies) on 17th June, 2006.

(2.) Short facts leading to the petition are as follows:

(3.) Appearing for the petitioner learned advocate Shri P.K.Jani submitted that the District Registrar did not have power to initiate proceedings u/s 76-B of the said Act against the petitioner. He contended that the petitioner was not an officer of the society as defined u/s 2(14) of the said Act. He further submitted that the society enjoys a degree of autonomy and it is not open for the State authorities to order removal of a paid employee of the society particularly when the society is firmly of the opinion that the service of the petitioner as Secretary is required.