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Raghubir Singh v. State Of U.P. Thru' The Registrar Co-Op. Societies And Other - WRIT - A No. 19614 of 2007 [2007] RD-AH 7402 (23 April 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ashok Bhushan, J.

Heard Sri V. K. Agarwal learned counsel for the petitioner and Sri K.N. Misra appear for the respondents .

By this writ petition  the petitioner has prayed for quashing the order dated 19th June, 2006 passed by the District Assistant Registrar by which order  the District Assistant Registrar directed that the petitioner be removed from the post of Incharge Secretary.  The order mentioned several allegations against the petitioner.  Learned counsel for the petitioner  himself has pointed out that the petitioner was subsequently arrested  in criminal case  filed Under Section  409 I.P.C.  being case crime No. 178 of 2006 and was sent to jail and thereafter he could be bailed out by this Court 's order dated 7.3.2007.  Learned counsel for the petitioner  contended that the petitioner should be permitted to function as incharge  and the records of the Society which is sealed be opened in the presence of the petitioner.

I have considered the submissions of counsel for the petitioner and perused the record.  

The petitioner was working only as incharge and has no right to continue  to function on the post of Secretary.   No error has been committed by the District Assistant Registrar in passing the impugned order removing the petitioner from the post of  Secretary  which order does not warrant any interference.  As noted above a first information report   has been lodged against the petitioner Under Section   409 I.P.C. being case crime No. 178 of 2006 making allegation of embezzlement.  The prayer of the petitioner  that the seal of the society be opened in his presence also cannot be accepted.  It is for the authority  to take a decision with regard to opening of the seal  and the manner and procedure of the said opening at the instance of the petitioner, no direction can be issued in this writ petition .

With the above observations the writ petition  is dismissed.




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