S.S. Chauhan, J. - (1.) THE present petition has been filed for quashing the orders dated 07.10.1974, 18.08.1977 and 22.10.1980.
(2.) THE facts in brief in regard to present petition are that the petitioner was appointed as Cooperative Supervisor under opposite party No. 1 in 1960 and worked there till 1965. In July 1965 the petitioner was appointed and posted as Secretary -cum -Manager of Kshetriya Sahkari Samiti Ltd., Pachhpurwa (for short "the Society"). Salary of the petitioner was paid from the office of opposite party No. 1 till 2.1.1969. Thereafter the petitioner became Secretary of opposite party No. 2 by means of resolution passed in the meeting of the Board of Directors of the Society on 15.6.1970. Opposite party No. 2 is a Society registered under the Cooperative Societies Act, 1965 and the Rules framed thereunder. The General Body elected Board of Directors on 3.1.1972. The petitioner was appointed Secretary subject to approval of the Registrar by means of resolution dated 15.6.1970. It is stated that several complaints were got instituted against the petitioner at the instance of the then Block Development Officer, Kamla Prasad Singh but the said complaints were withdrawn subsequently. In the year 1970, a charge sheet was issued containing the charges against the petitioner. The said charge sheet was returned back by the petitioner stating that the charge sheet may be sent through the Chairman of the Society but the charge sheet was sent to the Assistant Registrar for action. The District Assistant Registrar inspected the Society on 12/13.09.1970 but no shortage or anything of the like nature was found. Charge sheet was issued against the petitioner on 23.1.1971. A letter was written by Kamla Prasad Singh, the then Block Development Officer against the petitioner on 27.1.1971 that arbitration files have been removed by the petitioner. The Chairman of the Society in reply to the letter dated 27.1.1971 and the charge sheet dated 23.1.1971 wrote a letter to the Assistant Registrar drawing his attention to the circular issued by the Registrar which prohibited any other officer to take action against the petitioner except the Board of Directors of the Society. Thereafter an FIR was lodged against the Petitioner on 21/22.10.1971 at Police Station - Pachhpurwa. The police submitted a final report. It is thereafter that a fresh charge sheet dated 29.10.1971 was issued against the petitioner and the Chairman of the Society. Several irregularities were alleged against the Society and the validity of the election of Board of Directors was also questioned. On the basis of the aforesaid charge sheet, the Assistant Registrar wrote a letter on 1.11.1971 along with another charge sheet recommending annulment of the resolution dated 30.11.1969. The Board of Directors/ Sanchalak Mandal of the Society filed a Writ Petition No. 3717 of 1971 at Allahabad which was admitted and interim order was granted. As s consequence of the grant of interim order, the then Assistant Registrar recommended to the Provincial Cooperative Union for transfer of the petitioner to the Cooperative Bank Balrampur by letter dated 17.11.1972. Thereafter the Society also passed a resolution and sent it to the Hon'ble Minister of Cooperative Societies and the Registrar, Cooperative Societies making complaint against the Assistant Registrar that he was illegally interfering with the affairs of the Society. The Deputy Registrar, Cooperative Societies was deputed to make an enquiry into the matter by means of letter dated 14.1.1972. The aforesaid enquiry annoyed the opposite parties too much and thereafter the Assistant Registrar managed the transfer of the petitioner and opposite party No. 1 issued an order of transfer dated 17.1.1972 to Cooperative Bank, Balrampur. The Registrar issued a circular on 18.3.1972 modifying the earlier circular dated 20.12.1968 to the extent that services of all the employees like the petitioner and others working in the Society will remain under the administrative control of the Society.
(3.) OPPOSITE party No. 1 thereafter passed another order of transfer on 30.12.1972 transferring the petitioner to the Cooperative Bank, Barabanki. The Society did not relieve the petitioner and he continued to work there as a permanent employee. The Society passed a resolution on 9.10.1974 to the effect that the petitioner could not be relieved from the post of Secretary. The Deputy Registrar, Cooperative Societies, Faizabad asked the Society through letter dated 29.9.1974 to suspend the petitioner. After receipt of the said letter, the petitioner was directed to submit his explanation which he did and the Society after examining the same came to the conclusion that there was no ground to suspend the petitioner. This resolution was passed on 09.10.1974.;