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(2022) Law Today Live Doc. Id. 17229 = 2022(2) L.A.R. 626
Decided on: 11.11.2022
Present:
Mr. Sachin Gupta Ladwa, Advocate, for the petitioner.
Mr. Anant Kataria, DAG, Haryana, for the respondents.
Haryana Co-operative Societies Act, 1984 (22 of 1984), Section 27 – Constitution of India, Article 226 -- Society laws -- Appointment of Chowkidar – Appointment made without advertisement -- Merely because approval has been granted to the appointment by the Assistant Registrar cannot justify an appointment which had been carried without notice to the public at large – By impugned order appointment set aside -- No merit in petition warranting interference – Petition dismissed.
(Para 4, 5)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. The petitioner has challenged the order dated 22.07.2022 (Annexure P4) whereby resolution of the Society and the orders passed by the Assistant Registrar to the extent of approving the appointment of the petitioner as 'Chowkidar' have been set aside.
2. Learned counsel for the petitioner submits that the petitioner, who has been working for over one year, had been appointed as 'Chowkidar' in accordance with law after due approval by the Assistant Registrar.
3. Heard.
4. The petitioner is stated to have been appointed as 'Chowkidar' by the Members of the 'Parbhandak' Committee without any advertisement. Merely because approval has been granted to the appointment of the petitioner by the Assistant Registrar cannot justify an appointment which had been carried without notice to the public at large. The impugned order dated 22.07.2022 (Annexure P4) stipulates that if the Society requires the staff, it may carry out the exercise to assess the functional/operational requirement of the Society and, thereafter, may engage the staff on contractual basis as per the rules after adopting due procedure for appointment. Therefore, I do not find any merit in this petition warranting interference by this Court while exercising writ jurisdiction.
5. Consequently, the petition stands dismissed.
Petition dismissed.
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