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2022 Supreme(HP) 769

SANDEEP SHARMA
Sanot Cooperative Agriculture Service Society – Appellant
Versus
Joint Registrar (Credit) Cooperative Societies – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Surinder Saklani, Advocate.
For the Respondent:Mr. Narinder Guleria, Additional Advocate General with Ms. Svaneel Jaswal, Deputy Advocate General, Mr. Atharv Sharma, Advocate

JUDGMENT :

Sandeep Sharma, J.

By way of present petition filed under Art.227 of the Constitution of India, the petitioner society has laid challenge to order dated 13.6.2022 passed by respondent No.1, whereby appeal preferred by the respondent No. 3 has been allowed and Resolution No. 1(2), dated 1.4.2022 passed by the petitioner society, thereby accepting the resignation dated 31.3.2022 tendered by respondent No.3, from the post of Salesman in society has been set aside

2. For having bird’s eye view of the matter, relevant facts may be summed up thus. Respondent No.3 Kamal Nain, who was working as a Salesman in petitioner Society since 8.3.2010, tendered a resignation on 31.3.2022 to the President of the society, thereby resigning from the post of Salesman (Annexure P-2). In the end, the respondent No.3 specifically stated that “Mujhe mansik taur se pareshan kiya jar aha hai, jis karan, mein apni naukdi chhod raha hoon.” Accordingly, vide resolution No. 1(2) dated 1.4.2022 passed by the Managing Committee of the petitioner society, the resignation was accepted. Later on, respondent No.3 files an appeal under Clause 21 of the Compendium of Instructions and Working Guidelines issued by

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