Raman Devi vs State Of Uttarakhand & Ors.

Hon’ble Pankaj Purohit, J. (Oral)

Petitioner has filed the present writ petition challenging the order dated enquiry report dated 04.04.2026 issued by respondent No.5 as well as order dated 16.05.2026 passed by respondent No.4-Assistant Registrar, Co-operative Societies, District Haridwar, whereby, she was removed from the post of Clerk of Multipurpose Ethal Bujurg Kisan Seva Sahkari Samiti Ltd. (hereinafter referred as ‘Society’).

It is contended by learned counsel for petitioner that petitioner was working as a Clerk in the aforesaid Society; the order of removal has been passed by the respondent No.4-Assistant Registrar, Co-operative Societiy, Haridwar, without any opportunity of hearing and without following procedures as prescribed under the provisions of U.P. Cooperative Societies Employees Service Regulation, 1975 (hereinafter referred as ‘the Regulation’). It is further contended by him that impugned order is also run contrary to the provisions of Regulations 87 of the Regulation, as it provides that no order of major penalty can be imposed without concurrence of the Co-operative Societies Institutional Board.

It is contended by learned counsel for petitioner that concurrence of the aforesaid Board has never been taken by respondent No.4-Assistant Registrar, before passing the removal order. It is brought to the notice of this Court by the petitioner’s counsel that on the complaint made by petitioner, Chief Development Officer (CDO), Haridwar, has directed a fresh enquiry to be conducted in case of the petitioner. However, he failed to pass any order with regard to the removal order.

In such view of the matter, the writ petition is finally disposed of and it is provided that petitioner shall make an application to respondent No.3-Chief Development Officer, Haridwar, within a period of one week from today. If such an application is made by petitioner, respondent No.3-Chief Development Officer, Haridwar, shall pass a fresh order with regard to the impugned removal order dated 16.05.2026 passed by the respondent No.4-Assistant Registrar, Co-operative Societies, Haridwar, within 10 days thereafter.

Pending application stands disposed of.