1 S. B. CIVIL WRIT PETITION NO. 3017/1998 Ram Pratap Vs. Addl. Registrar, Cooperative Societies & Ors. Date of Order :: 20th March, 2009 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. G. Sankhla, for the petitioner. Mr. I.S. Pareek, for the respondents No. 1 and 2. Mr. Gopal Meghwal Mr. M.R. Singhvi. .... The petitioner, a Manager with Sanger Gram Sewa Sahakari Samiti Ltd. was placed under suspension by an order dated 8.7.1997 passed by the Assistant Registrar, Cooperative Societies, Sriganganagar while exercising powers under Rule 41(6) of the Rajasthan Cooperative Societies Rules, 1996. A challenge given to the same by way of filing a revision petition as per provisions of Section 128 of the Rajasthan Cooperative Societies Act, 1965 came to be rejected vide order dated 24.7.1998, hence, this petition for writ was preferred. During pendency of the petition, Sanger Gram Sewa Sahakari Samiti Ltd. on 7.2.2001 resolved to terminate the petitioner from service, accordingly, the President of the Samiti by an order dated 8.2.2001 terminated the petitioner from services. In view of the order terminating the petitioner from service, the cause relating to placement of the petitioner under suspension does not survive. 2 However, by making an amendment in petition for writ the petitioner also challenged the resolution dated 7.2.2001 and order dated 8.12.2001 terminating him from service. The contention of learned counsel for the petitioner is that termination of the petitioner from service is bad being in contravention of Rule 17 of the Krishi Rindatri Sahakari Samitiyo Ke Vyasthapak Sewa Niyam, 1991 (hereinafter to be referred to as the 'Rules of 1991') that prescribes a detailed procedure which should be adhered while imposing a penalty of removal/dismissal from service. It is also urged in alternative that if the Rules of 1991 are not applicable to the petitioner then too while imposing a penalty of removal/dismissal from service it was necessary for the employer to follow principles of natural justice and in the instant matter a gross violation of the doctrine aforesaid is apparent. On the other hand it is contended by learned counsel for the respondent -Samiti that cause of the petitioner relating to his suspension is not surviving after his removal from service, and as such, now the sole relief claimed is against Sanger Gram Sewa Sahakari Samiti Ltd which is not a State, its agency or an instrumentality. It is asserted that the functions of the Society are not at all governmental and over it, there is no deep and pervasive administrative and financial control of the State. It is also stated by learned counsel for the respondents that the Rules of 1991 are having no application in the present controversy 3 as the petitioner was not employed under the Rules of 1991. As per learned counsel for the respondents adequate opportunity was given to the petitioner while adjudicating his liability regarding loss caused to the Society due to misappropriation under the proceedings as per provisions of Sub-section (2) of Section 74 of the Act of 1965. On 4.3.2003 learned counsel for the petitioner sought time to produce adequate material to establish that respondent-Sanger Gram Sewa Sahakari Samiti ltd is an instrumentality of the State, and as such, is amenable to writ jurisdiction of this Court. On 9.3.2009 the petitioner alongwith an application has placed on record a declaration made by the Vyavasthapak, Sanger Gram Sewa Sahakari Samiti Ltd. that the State Government is having its share of Rs. 1 lac in Society. On basis of above certificate the petitioner wanted to emphasis governmental character of the Society. It is also stated by learned counsel for the petitioner that the Society was created under Societies Registration Act, 1965 and is presently regulated as per provisions of the Rajasthan Cooperative Societies Act, 2001, therefore, the State Government is having deep and pervasive administrative control over it. I have considered the argument advanced by learned counsel for the petitioner regarding nature of respondent-society. Despite giving opportunity the parties have not placed on record by-laws of the 4 Society. There is nothing available on record on basis of that aims, objects and functions of the Society can be examined. The only assertion of learned counsel for the petitioner is that being having a share capital of the State for a sum of Rs.1 lac and being a society created under the Act of 1965 and being presently regulated as per the provisions of the Act of 2001, the respondent-society must be held an agency or an instrumentality of the State. It is well settled that to establish a body as a instrumentality or agency of the State the Court is required to examine deep and pervasive administrative and financial control of the State. The Court is also required to see as to what extent aims, objects and functions of such body are akin to governmental functions. Mere creation under the Act or having share capital of the State or supervisory regulation by the State are not the eventualities on basis of which alone a body can be held instrumentality or agency of the State. In the present case nothing is available on record to determine correct nature of the Society and no effort is made by the parties to assist the Court adequately by placing necessary material on record despite opportunity. Today too counsel for the petitioner simply urging that the society should be treated as an agency or instrumentality of the State being having government share capital and being regulated by statute. As stated above, merely on these counts a body can not be 5 held an agency or instrumentality of the State. Looking to my inability to examine nature of the body, due to non-availability of adequate material and assistance I am not inclined to entertain this petition for writ against Sanger Gram Sewa Sahakari Samiti. Accordingly, this petition for writ is dismissed. However, the petitioner shall be at liberty to avail appropriate remedy before appropriate forum to challenge the order removing him from service. No order as to costs. (GOVIND MATHUR),J. jgoyal