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2016 Supreme(HP) 1975

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
Nangal Jarialan, Cooperative Agriculture Service Society Ltd. – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Ms. Archna Dutt, Advocate.
For the Respondents:Mr. Shrawan Dogra, Advocate General, with Mr. Anup Rattan, Mr. Varun Chandel, Additional Advocate Generals and Mr. Kush Sharma, Deputy Advocate General, Mr. Ajay Sharma, Advocate

Tarlok Singh Chauhan, J.

The instant case is a glaring example where the Managing Committee of a Cooperative Society has shown undue interest in protecting the service of its Secretary and while doing so have thrown all the laws to the wind.

2. At the outset, it may be observed that initially the writ was filed by the Society wherein its Secretary was arrayed as respondent No. 4 and had prayed for the following reliefs:-

“(i) That the impugned orders dated 19.5.2016 and 29.7.2016 may very kindly be quashed and set aside and petitioner’s society may kindly be allowed to continue the respondent No. 4 in service till the age of 62 years with all consequential benefits, in the interest of justice and fair play.

(ii) That respondents may be directed to produce the record of payment made on bill basis to the persons serving with the respondent department.”

3. However, subsequently an application being CMP No. 6826 of 2016 was filed for transposition of respondent No. 4 as petitioner No. 2 and the same was allowed vide order dated 22.8.2016.

4. The brief facts as set out in the petition are that the petitioner No. 2 was initially appointed as a Salesman-cum-Assistant Secretary in the year 1979























































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