Division Bench Overturns Single Judge's Dismissal, Allows Examination of Statutory Authority's Powers
In a significant development, the Division Bench of the Uttarakhand High Court has overturned a previous decision by a Single Judge, reinstating a writ petition challenging the termination of an employee from a cooperative society. The case, involving appellant Sudhir Chaudhary, was directed against an order issued by the District Assistant Registrar Cooperative Societies, Uttarakhand, which led to the cancellation of Chaudhary's appointment.
The controversy began when Chaudhary, formerly an Assistant at Bahuudheshiya Chudiyala Sadhan Sehkari Samiti Limited, was terminated following a directive from the District Assistant Registrar. The directive, dated July 20, 2022, was based on findings from an inquiry committee that alleged the appellant's appointment violated established norms. This resulted in a subsequent order from the society’s Secretary on October 31, 2022, officially terminating Chaudhary's services.
Chaudhary's writ petition, which questioned the validity of the Assistant Registrar's directive, was dismissed by a Single Judge on the grounds of maintainability. The Judge ruled that the Primary Cooperative Society did not fall under the definition of "State" as per Article 12 of the Indian Constitution, referencing the Supreme Court's judgment in S.S. Rana v. Registrar, Co-operative Societies.
However, the Division Bench, comprising Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay, disagreed with the Single Judge's interpretation. The Bench emphasized that the writ petition was indeed maintainable since it challenged the statutory authority's exercise of power, rather than the cooperative society itself. The court highlighted that the Assistant Registrar's actions, purportedly executed under the Uttarakhand Co-operative Societies Act, 2003, warranted judicial scrutiny.
The Division Bench's decision underscores the principle that actions by statutory authorities, even when involving entities not classified as "State," can be subject to judicial review if there is a question of power misuse. The Bench allowed the appeal, setting aside the Single Judge’s order, and directed that the writ petition be heard on its merits.
The case has been sent back to the writ court for further proceedings, where the legality of the Assistant Registrar's directive and its subsequent impact on Chaudhary's employment will be examined. This judgment reaffirms the judiciary's role in ensuring that statutory powers are exercised within legal confines, providing a remedy for those affected by potential overreach.
Bottom line:-
Cooperative Societies - Termination of services based on directions issued by District Assistant Registrar - Maintainability of writ petition challenging such directions examined - Primary Cooperative Society not considered "State" under Article 12 of the Constitution, but writ petition maintainable when statutory powers exercised by an authority are questioned.
Statutory provision(s): Article 12 of the Constitution of India, 1950; Uttarakhand Co-operative Societies Act, 2003
Sudhir Chaudhary v. State of Uttarakhand, (Uttarakhand)(DB) : Law Finder Doc id # 2930269
