- (1.) The petitioner, an Accountant in the Shahabad Cooperative Sugar Mills Limited, Shahabad (hereinafter to be referred as "the Mill"), has invoked the jurisdiction of this Court under Article 226/227 of the Constitution of India claiming a writ of mandamus directing respondents No. 1 to 3 not to promote respondent No. 4 to the post of Chief Accounts Officer of the Mill in pursuance of the meeting of Board of Directors of the Mill to be held on 28.10.2006 and also a writ in the nature of certiorari setting aside the resolution/orders Annexures P-2, P-3 and P-6 to P-8 whereby the said respondent was adjusted against the post of Security Officer in the Mill.
(2.) It is the case of the petitioner that he was working as Accountant in the Mill and that since January, 1994, he has been assigned the duties of Deputy Chief Accounts Officer as well. Respondent No. 4 Shri R.P. Godara was the Chief Accounts Officer in the Bhuna Cooperative Sugar Mills Limited, Bhuna. The said respondent joined the Mill as Chief Accounts Officer for a period of two years on 3.10.2002 on deputation but the said respondent was resolved to be absorbed as Chief Accounts Officers subject to the decision of CWP No. 19569 of 2003. The said writ petition was filed by the Mill against the order passed by the Special Secretary to Government Haryana, Cooperation Department Haryana on 29.10.2003 whereby one Shri S.C. Sharma, Chief Accounts Officer in the respondent Mill, was ordered to be reinstated in service while setting aside his termination. It is admitted fact that though the writ petition filed by the respondent Mill was dismissed on 12.09.2005 but Hon'ble Supreme Court in judgment reported as The Shahabad Cooperative Sugar Mills Ltd. v. Special Secretary to Govt. of Haryana Corp. & Ors., 2006 12 SCC 404, has set aside the order passed by this Court in the writ petition holding that the State of Haryana was not competent to exercise the revisional jurisdiction in the facts of the case i.e., the order passed on 29.10.2003 could not have been passed in revisional jurisdiction. Thus, the order of reinstatement of Shri S.C. Sharma was set aside. However, the matter was remanded back to the Registrar of Co-operative Societies in respect of the question whether Shri S.C. Sharma was gainfully employed during the period of his termination and his reinstatement.
(3.) It is the case of the petitioner that Shri R.P. Godara cannot be appointed as Chief Accounts Officer in the Mill. It is contended that respondent No. 4 has been taken on deputation on the direction of the State Government without any decision of the Board of Directors of the respondent Mill. Therefore, the deputation of respondent No. 4 itself is vitiated. The State of Haryana in exercise of revisional jurisdiction has passed an order of reinstatement of Shri S.C. Sharma on 29.10.2003 but still the Board of Directors of the respondent Mill considered the request of respondent No. 4 Shri R.P. Godara for absorption on permanent basis against the vacant post of Chief Accounts Officer on 3.11.2003. It is argued that on the said date the post of Chief Accounts Officer cannot not be said to be vacant as by virtue of the order passed, Shri S.C. Sharma is deemed to be occupying the post of Chief Accounts Officer.;