Manohar Singh Chauhan vs State Of Uttarakhand And Others

Vipin Sanghi, CJ

The grievance of the petitioner is that though he was found to be the most meritorious candidate for being appointed as a professional Managing Director, Uttarakhand Co-operative Dairy Federation Limited, he has not been given appointment and, instead, respondent No. 5-Mr. Jaideep Arora, Joint Director, Dairy Development Department, Uttarakhand has been given the additional charge of Managing Director of the Uttarakhand Co-operative Dairy Federation Limited, i.e. respondent No. 3.

The earlier challenge raised by the petitioner to giving of the additional charge of the Managing Director to Shri Jaideep Arora, Joint Director, Dairy Development Department, Uttarakhand was rejected by the Court, since he was not appointed as a regular professional Managing Director, but had only been given the additional charge, and consequently, the fact that he was not qualified to become a regular professional Managing Director was not found to be good enough to remove him from the additional charge, which he was discharging.

Since respondent No. 3 did not proceed to make appointment of the professional Managing Director, this petition was preferred.

It was stated before the Court, when the matter was listed on 10.03.2022, that the State Government has taken a decision to put the appointment of the professional Managing Director on hold. This Court directed the respondents to file an affidavit disclosing reasons for not carrying forward the selection process to its logical conclusion.

Respondent No. 1 has filed a short affidavit, wherein it is disclosed that the respondent-Federation does not have the financial condition to meet the financial obligations for the post of the Professional Managing Director. In Paragraph-3 of the said affidavit, respondent No. 1 has stated as follows:-

“3. That it is most humbly submitted that vide Office Memorandum No. 13/XV-2/02(15)/2020 (Dairy) dated 7.1.2022 the process of appointment of professional Managing Director has been suspended keeping in view the financial condition of the Uttarakhand Cooperative Dairy Federation. By virtue of Office Memorandum No. 538 dated 13.9.2021 Shri Jaideep Arora, Joint Director, Dairy Development Department has been given additional charge for executing the functions and obligations of the post of Managing Director in pursuance to Section 31-d of the Uttarakhand Cooperative Societies Act, 2003. True / correct typed version/copy of the communication no. 17/XV-2/02(15)/2020 forwarded to the Learned Chief Standing Counsel and Office Memorandum No. 13/XV-2/02(15)/2020 (Dairy) dated 7.1.2022 are being filed herewith and marked as Annexure No. SCA-1 & SCA-2 to this affidavit.”

Subsequently, a counter-affidavit has been filed by respondent No. 1, wherein in Paragraph-8, the said respondent has placed on record Section 31A of the Uttarakhand Cooperative Societies Act, 2003. The relevant averment made in Paragraph-8 of the said counter-affidavit reads as follows:-

“8. That the contents of para 25 of the writ petition are not admitted hence denied. It is submitted here that Section 31A(1) provides for appointment of a Managing Director in every Apex Society, which reads as under:-

31A. Appointment of Managing Director instead of Secretary for Apex Societies.-(1) For every apex society there shall be, a Managing Director who shall be Government servant of co-operative service not below the rank of a class I officer or a Government servant not below the rank of class I officer of the concerned department, and his services shall be deemed to be on deputation with the society, in apex co-operative bank an experienced bank officer may also be appointed Managing Director And; Rule 03(2) of the Uttarakhand Cooperative Dairy Federation and Milk Union Centralised Cadre Service Controlling Rules, 2016 provides that the appointment of Managing Director and Chief General Manager of the Federation shall be made as per the provisions given in appointment rules by the State Government, and as such the Government order dated 13-09-2021 has been issued under the aforesaid provisions of Uttarakhand Cooperative Societies Act, 2003 and as per the Uttarakhand Cooperative Dairy Federation and Milk Union Centralised Cadre Service Controlling Rules, 2016. In this connction copy of the relevant porition of the Uttarakhand Cooperative Societies Act, 2003 and as per the Uttarakhand Cooperative Dairy Federation and Milk Union Centralised Cadre Service Controlling Rules, 2016 are being annexed herewith and marked as Annexure CA-1 & CA-2 to this affidavit.”

We have heard learned counsels.

In the light of the aforesaid, it appears to us that the reason provided by the respondents for not proceeding to make appointment of a regular professional Managing Director appears to be reasonable, and the petitioner cannot insist that he should be appointed as a professional Managing Director when the respondent-Federation cannot afford to foot the bills of his salary and perks.

We, therefore, do not find any merit in this petition. The same is, accordingly, dismissed.

In sequel thereto, pending application, if any, also stands dismissed.