- (1.) Respondent 1 Sarnam Singh was appointed secretary of the Konch Sahakari Kraya Vikraya Samiti Ltd. , District Jalaun. Disciplinary proceedings were initiated against him by the District Assistant Registrar, Cooperative Societies, U. P. , District Jalaun and the Additional District Cooperative Officer was appointed the Inquiry Officer. Pursuant to the charge-sheet and the report of the Inquiry Officer, as required by the provisions of the U. P. Cooperative Societies Act, 1965 (11 of 1966 (for short "the Act") , the Society, at the behest of the District Assistant Registrar, Cooperative Societies, passed an order of removal from service. A writ petition was filed in the Allahabad High court by the respondent challenging his removal from service. An objection was taken by the appellant to the maintainability of the writ petition on the ground that it did not lie against the Cooperative Society. The High court referred to the relevant provisions of the Act and rejected that objection. The order dated 28/6/1988 of removal from service was quashed but it was left open to the Cooperative Society to take fresh action and complete the inquiry proceedings against the writ petitioner (Respondent I herein) in accordance with law.
(2.) This appeal by special leave is confined only to the question of maintainability of the writ petition filed in the High court.
(3.) In the present case, it is not necessary for us to examine the larger question of maintainability of a writ petition under Article 226 of the Constitution of India against every action of the Society. The decision in the present case is confined only to the maintainability of the writ petition by a secretary of the Cooperative Society who has been removed from service in the manner provided in the statute.;