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IN THE HIGH COURT OF MANIPUR
A. Guneshwar Sharma, J.
Dr. RK Labakishore - Appellant
Versus
State of Manipur Rep. By Secretary/Commissioner & Ors. - Respondents
WP(C)No. 236, 215, 245 and 198 of 2024
Decided On : 03-05-2024
Appointment - Managing Director - Manipur Co-operative Societies Act, 1976 - Sections 74(2), 78(2) - The court interpreted the applicability of the Office Memorandum dated 03.10.2020 regarding in-charge appointments, concluding it does not apply to the Managing Director's appointment under the Act, as it is a deputation and not a promotion.
Fact of the Case:
The petitioner challenged the appointment of the respondent as in-charge Managing Director of the Manipur Milk Producers' Co-operative Union, arguing that he was more qualified and should have been appointed instead, citing violations of the Office Memorandum regarding in-charge appointments.
Finding of the Court:
The court found that the Office Memorandum was not applicable to the appointment of the Managing Director as it was a case of deputation under the Manipur Co-operative Societies Act, and the petitioner had accepted the nomination of the respondent.
Issues: Whether the Office Memorandum dated 03.10.2020 applies to the appointment of the Managing Director of the Manipur Milk Producers' Co-operative Union on an in-charge basis.
Ratio Decidendi: The court held that the Office Memorandum does not apply to appointments made under Section 74(2) of the Manipur Co-operative Societies Act, as such appointments are considered deputations and not promotions.
Result: The writ petition is dismissed and the interim order is vacated.
JUDGMENT
A. Guneshwar Sharma, J. - Heard Mr. D. Julius Riamei, learned counsel assisted by Ms. Kabamdailiu Pamei, learned counsel on behalf of the petitioner, Mr. M. Devananda, learned Addl.AG assisted by Ms. Jyotsana Devi, learned counsel on behalf the State respondents and Mr. H. S Paonam, learned senior counsel assisted by Mr. S. Dijeshwor, learned counsel on behalf of respondent No.6.
2. The point of determination involved in the present writ petition is 'While appointing the Managing Director of Manipur Milk Producers' CoOperative Union on in-charge basis under Section 74(2) of the Manipur CoOperative Societies Act, 1976 read with Clause 23.3 of the Bye Laws, whether the Office Memorandum dated 03.10.2020 issued by the Department of Personnel and Administrative Reforms, Government of Manipur stipulating the norms for appointment on in-charge basis will be applicable or not'.
3. By the present writ petition under Article 226 of the Constitution of India, the petitioner has challenged the impugned order dated 13.03.2024 issued by the Joint Secretary (Veterinary and Animal Husbandry), Government of Manipur nominating respondent No. 6 herein as in-charge Managing Director as temporary arrangement for Manipur Milk Producers Co-operative Union Ltd. Porompat, Imphal East (in short, Union), in addition to his normal duties without extra remuneration under Section 74(2) of Manipur Co-operative Societies Act, 1976. It is prayed that after setting aside the impugned order, the petitioner be considered for appointment as in-charge Managing Director of the Union.
4. The prayer is reproduced as follows:
(i) Pass an order or direction by issuing a writ of Certiorari or a writ in the nature of a writ of Certiorari or any other appropriate writ or order or direction as this Hon'ble Court may deemed fit and proper in the facts and circumstances to quash and set aside the order dated 13.03.2024 passed by the Respondent No.1;
(ii) Pass an order or direction to the Respondent No.1 to 4 to consider appointing the Petitioner as in-charge Managing Director, Manipur Milk Producers' Co-Operative Union Ltd. Porompat, Imphal East; and/or
(iii) Pass any other appropriate order/orders that this Hon'ble Court deems fit and proper in the facts and circumstances of the case.
5. It is the case of the petitioner that he was appointed as Veterinary Officer on regular basis vide order dated 08.12.2017 and he was promoted to the post of Deputy Director (Dairy) vide order dated 27.12.2023. The respondent No.6 was also promoted as Procurement Officer (Dairy) Class-II Officer vide order dated 19.06.2023 in the Department of Veterinary Animal Husbandry. It is also stated that respondent No.6 was initially appointed as Milk Recorder, a non-Gazetted post before his promotion to Procurement Officers. It is also stated that the Department of Veterinary Animal Husbandry Department shall be the Nodal Department for the implementation of IDDP now renamed as National Program for Dairy Development for the State of Manipur.
6. Vide order dated 25.03.2023 passed by the Registrar Co-Operative Society, Manipur in exercise of the power under section 78(1) of the Manipur Co-Operative Societies Act, 1976 Board of Directors Manipur Milk Producer Co-Operative Union was removed and vide order dated 06.10.2023 constituted and appointed members of the Board of Administrators of the Manipur Milk Producers Co-Operative Union in exercise of its power under section 78(A) of the Manipur Co-Operative Societies Act, 1976. It is mentioned that Petitioner is one of the five members of the Board of Administrators.
7. Vide judgment and order dated 13.03.2024 issued by Joint Secretary (Veterinary Animal Husbandry) Government of Manipur, the respondent No.6 was nominated to be the in-charge Managing Director on temporary arrangement. The petitioner submitted a representation dated 27.03.2024 to the Director, Veterinary Animal Husbandry for consideration and review of the impugned order dated 13.03.202
The Office Memorandum dated 03.10.2020 does not apply to in-charge appointments of Managing Directors under the Manipur Co-operative Societies Act, as such appointments are deemed deputations.
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