N.K.Mitra, C.J., S.R.Singh, J. - (1.) Present special appeal has Its genesis in the writ petition which was instituted by the appellant for the relief of quashing the order dated 12.2.1999 whereby the appellant was suspended from service in contemplation of the disciplinary proceeding. The counsel for the respondents raised a preliminary objection before the learned single Judge that the writ petition was not maintainable firstly, on the ground that the Co-operative Textile Mills, Sahkari Nagar, Bulandshahr being a Co-operative Society was neither 'State' nor "Instrumentality of State' within the gamut of Article 12 of the Constitution and hence it was not amenable to writ jurisdiction of this Court and secondly, on the premises that the respondent-Co-operative Society was not discharging any statutory duty while passing the impugned order of suspension. The preliminary objection raised on behalf of the respondents received countenance of the learned single Judge and accordingly, the writ petition was dismissed vide judgment and order impugned herein however, studded with the observation that the order dismissing the writ petition would not operate as an impediment in the way of the petitioner in making representation before the appropriate authority in terms of bye-law No. 25 of the U. P. State Textile Co-operation (Disciplinary Proceedings) Bye-laws, 1978.
(2.) We have heard Sri R. C. Shukla for the appellant and Sri Vinod Misra for the respondents.
(3.) The first question that surfaces for consideration is whether the respondent-society comes within the purview of 'State' within the meaning of the term used in Article 12 of the Constitution quoted hereinbelow : "12. Definition.--in this part, unless the context otherwise required, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.";