Ranjan Agarwal, J. - (1.) Heard Sri Sujeet Kumar Rai, learned Counsel for the petitioner, learned Standing Counsel for respondent no.1 and Sri H.R. Mishra, learned Senior Counsel assisted by Sri Abhishek Mishra, learned Counsel for respondent nos.2 and 3.
(2.) The petitioner is an Accountant in Sadhan Sahkari Samiti Limited, Saingai, Block District Firozabad. He has challenged the order dated 24.12.2018 passed by the Chairman of the said Society.
(3.) Sri H.R. Mishra, learned Senior Counsel has raised a preliminary objection regarding maintainability of the writ petition. He has relied upon the judgment of Full Bench of this Court in case of Vijay Bihari Srivastava Vs. U.P. Postal Primary Co-operative Bank Ltd. and another, 2003 1 UPLBEC 1. It was held as under :- "35. In the light of foregoing discussions, we answer question as to whether a writ petition in the nature of certiorari will lie against a Co-operative Society or it comes within the meaning of the words 'other Authority' occurring in Article 226 of the Constitution, as follows : The writ petition in the nature of certiorari will lie against a Co-operative Society only when such Society has ingredient of an 'Authority' within the meaning of Article 226 of the Constitution and not otherwise. The following guidelines are culled out from the various decisions of the Supreme Court, referred to above :- 1. The constitution of the Managing Body/Committee constitutes the functionaries of the Government. 2. There is an existence of deep and pervasive control of the management and policies of the Co-operative Society by the Government. 3. The function of the Co-operative Society is of public importance and closely related to the Governmental functions. 4. The financial control is by the Government or it provides financial aid controlling its affairs. 5. The violation of statutory rules applicable to the Society in regard to the service matters of its employees, and 6. Statutory violations or non-compliance of it by an authority under the Act.";