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2016 Supreme(Gau) 82

HRISHIKESH ROY
Md. Kaysor Ahmed – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M.U. Mondal, Mr. R. Islam, Mr. H.R. Ahmed, Mr. M. Hussain, Mr. M.R. Khandakar
For the Respondents: Mr. J.M.A. Choudhury, Standing Counsel, Cooperation Deptt. & Mr. I.A. Talukdar

JUDGMENT :

Heard Mr. M. Hussain, the learned counsel for the Petitioner in all the three cases. The contesting litigant is Abdul Hamid Choudhury, who is arrayed here as the 9th respondent and he is represented by the learned counsel Mr. I.A. Talukdar. The Registrar of Cooperative Societies and other functionaries under him are represented by Mr. JMA Choudhury, the learned standing counsel for the Cooperation Department. Ms. R. Newar, learned Govt. Advocate appears for the other State authorities.

2. In these cases, the petitioner and the 9th respondent are litigating for the post of Secretary of the East Badarpur Cooperative Societies Ltd. (hereinafter referred to as 'the Badarpur Society’) and since common arguments are advanced by the respective lawyers, this order will dispose of all the analogous cases.

BACKGROUND

3. The 9th respondent Abdul Hamid Choudhury joined the Badarpur Society as a salesman on 11.5.1977 and after he gained sufficient experience, the Managing Board of the Society appointed him as the Secretary in which capacity, he served from 23.8.1981 to 4.11.2000. The Secretary went on leave on 4.11.2000 and returned back to resume his duty on 5.3.2001 but was not allowed


















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