High Court of Judicature at Allahabad
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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  RD-AH 7402 (23 April 2007)
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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