Manojit Bhuyan, J.

1. The facts arising for consideration are that the respondent no. 3 herein/writ petitioner Sri Likha Tejji was appointed to function as Administrator-cum-Managing Director of Arunachal Pradesh Consumer Co-operative Federation Limited (in short APCCFL), Naharlagun in addition to his normal duties in the substantive post as Under Secretary(Education), Government of Arunachal Pradesh, Itanagar. The said appointment was made by Order dated 22.10.2013 issued under the hand of the Registrar, Cooperative Societies, Government of Arunachal Pradesh, Itanagar. After having discharged duties as such for about 1 year 10 months, an order was passed by the same authority on 20.08.2015 replacing Likha Tejji by one Sri Dolang Akon i.e. the appellant herein/respondent no. 3 in the writ petition. The said Order dated 20.08.2015 appointing Sri Dolang Akom and the consequential dislodgement of Likha Tejji was the subject matter in WP(C) 362(AP)/2015.

2. Admittedly, both Likha Tejji and Dolang Akom were appointed in exercise of powers conferred under Section 79(4) of the Arunachal Pradesh Cooperative Societies Act, 1978 and under the hand of the competent authority i.e. the Registrar of Co-operative Societies, Government of Arunachal Pradesh. The primary ground of challenge made by Likha Tejji is that he is entitled to serve for four years in the capacity of Administrator-cum-Managing Director of APCCF Limited by virtue of Rule 27(4) of the bye-laws of the Federation. As such the action of the said authorities to remove him after having worked for only 1 year 10 months is altogether illegal and contrary to the provisions under the aforesaid bye-laws. Further ground assigned is that the appointment of Dolang Akom was purely on political consideration and not in exigency of service or in public interest. In support thereof Likha Tejji brought on record the Note of the Minister, PHE&WS, addressed to the Minister, Co-operation and Panchayat Raj requesting that approval be accorded for appointment of Dolang Akom in the post of Administrator in the Federation. The ground that had been assigned by the Minister, PHE&WS for bringing in Dolang Akom in place of Likha Tejji can be had from the Note itself, which is reproduced here under:

ARUNACHAL PRADESH

SUB: APPOINTMENT OF SRHI DOLANG AKOM ADO (MARKETING) FOR THE POST OF ADMINISTRATOR CONSUMER CO-OPERATIVE FEDERATION LIMITED (APCCF) ON DEPUTATION BASIS.

It is learned that the post of Administrator in consumer-operative Federation Limited is being looked after by an officer on additional charge who actually is holding the post of Under Secretary (Education & Civil Supply), since these two departments are of major department having heavy burdens of works, the present incumbent may not be possible to take care of the consumer Co-operative federations work effectively as it would require full time and independent officer for smooth running of the federation works.

Shri Dolang Akom, ADO (Marketing) entry grade Group-A Officer (APPCS, 2004 Batch) is an energetic and efficient officer serving in his department for last 11 (eleven) years and he has gathered lots of knowledge through practical experiences in dealing with public relation works and is competent/capable of shouldering any assignment/responsibility with full dedication.

Moreover, the incumbent Shri Dolang Akom, ADO (Marketing) who has been graduated from Agriculture Science has acquired vast knowledge about the relevant subject ‘Agriculture Cooperation and Marketing’ which is a major subject taught under the discipline of study in his background and is very much related to the nature of works being carried out day to day life in the management of consumer co-operative federation limited in Arunachal Pradesh.

In view of above and for betterment of the consumer co-operative Federation works, it would be appropriate to appoint an independent officer who would give full time to discharge the services of consumers effectively.

Therefore,