Arun Madan, J. - (1.) The short question with which this court has to address itself in the present writ petition is as to whether the Rajasthan State Cooperative Sheep and Wool Marketing Federation Ltd. (in short "Federation") is State Public Undertaking of the Government of Rajasthan being an instrumentality of the State was justified in initiating a second enquiry against the petitioner on the basis of the original charge-sheet dated 18.6.1985 and to have kept it pending for a long time and not to have completed the same with inordinate delay with a view to cause harassment to the petitioner and whether such an enquiry should not be treated as malafide and illegal and would justify revocation by this Court?
(2.) Respondent-Federation is registered as a society under the Rajasthan Cooperative Societies Act, 1965 as a State Public undertaking of the Government of Rajasthan. It has framed its own byelaws for its day-today functioning. As per bye law No. 66 the Government of Rajasthan has power to appoint Managing Director of the Federation who shall control and supervise the administration set up by it which shall be subject to the supervision and control of the Federation. It is obligatory on the Managing Director to perform such duties and function as the Federation may entrust or delegate to him. Further as per bye-law 47 the business of the Federation shall be carred on and managed by a Board of Directors which will be constituted as hereunder, except as provided in bye-law No. 47 which reads as under "47 (1) The business of the Society shall be carried on and managed by a Board of Directors which will be constituted as hereunder, except as provided in bye-laws 48 (a) Three Directors to be elected from amongst Chairman Primary Sheep Breeders Cooperative Societies. (b) Three Directors to be nominated by the Government including the Managing Director. (c) Two Directors to be nominated by Central Government. (d) One Director from Financing Institution to be nominated by Government. (2) Election of the Directors shall be held in accordance with the Rules and these bye-laws. (3) The term of the Board shall ordinarily be three years." Bye-law No. 48 stipulates as under "48. Notwithstanding anything contained in these byelaws the first Board of Directors including the Chairman who would be Secretary Incharge of Sheep & Wool Department after the registration of the Society shall be nominated by the Government for a period of three years. The Government may extend the period of the nominated Board for a period not exceeding 7 years".
(3.) Byelaw No. 61 which deals with the powers of the Board stipulates as under "The entire administration and management of the Society shall be vested in the Board. The Board shall have and exercise all such powers and enter into all such agreements, make all such arrangements, take all such proceedings and do all such acts and things as may be necessary for carrying out the objects for which the Society has been established and for securing and furthering its interests subjects to the provision of the Act, the Rules and these bye-laws." Bye-law No. 62(c) provides as under "62-Without prejudice to the general powers conferred by these bye-laws the following powers and authorities are expressly given to and conferred upon the Board. (c)-m From time to time to appoint and at their pleasure remove suspend officers other than Managing Director, and other staff for permanent, temporary or special services and to determine their powers and duties and fix their remuneration and to require security in such instance and to such amount as they think fit, and to make regulations with the approval of the Registrar regarding their pay, promotion, leave, provident fund, disciplinary matters and other conditions of service.";