Sunil Kumar Singh and ors. Vs. State of Jharkhand and ors. - Court Judgment

Excerpt:
- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. orderr.k. merathia, j.1. heard the parties.2. the parties agree that this case may be disposed off in terms of order dated 10.12.2003, passed in wps no. 5989 of 2003 (annexure-15).3. accordingly the following order is being passed.4. in this application, the order as contained in annexure-9 dated 29.8.1998 is under challenge, whereby the direction was made to cancel the appointment of 382 employees by issue of letter as contained in memo. no. 6255, dated 29.8.1998. this very order was under challenge before this court in a number of writ applications, being wp (s) no. 3769 of 2001 and analogous cases, which were disposed of by order dated 7.3.2003 by quashing the same very order dated 29.8.1998 with a direction to issue notice to show cause to all the affected persons.5. learned counsel appearing for the state submits that the present case is fully covered by the order passed in wp (s) no. 3769 of 2001, dated 7.3.2003 which have already been disposed of by this court.6. in that view of the matter, this application is disposed of in terms of the order dated 7.3.2003 passed in wp (s) no. 3769 of '2001 and the respondents are directed to issue a fresh show cause notice to the petitioners within a period of three weeks from today. the petitioners shall file their show cause within ten day from the date of the receipt of show cause notice and thereafter the respondent shall dispose of the matter after considering their show cause within a period of one month from the date of the filing of the show cause.7. this application stands disposed of.

Judgment:
ORDER

R.K. Merathia, J.

1. Heard the parties.

2. The parties agree that this case may be disposed off in terms of order dated 10.12.2003, passed in WPS No. 5989 of 2003 (Annexure-15).

3. Accordingly the following order is being passed.

4. In this application, the order as contained in Annexure-9 dated 29.8.1998 is under challenge, whereby the direction was made to cancel the appointment of 382 employees by issue of letter as contained in Memo. No. 6255, dated 29.8.1998. This very order was under challenge before this Court in a number of writ applications, being WP (S) No. 3769 of 2001 and analogous cases, which were disposed of by order dated 7.3.2003 by quashing the same very order dated 29.8.1998 with a direction to issue notice to show cause to all the affected persons.

5. Learned counsel appearing for the State submits that the present case is fully covered by the order passed in WP (S) No. 3769 of 2001, dated 7.3.2003 which have already been disposed of by this Court.

6. In that view of the matter, this application is disposed of in terms of the order dated 7.3.2003 passed in WP (S) No. 3769 of '2001 and the respondents are directed to issue a fresh show cause notice to the petitioners within a period of three weeks from today. The petitioners shall file their show cause within ten day from the date of the receipt of show cause notice and thereafter the respondent shall dispose of the matter after considering their show cause within a period of one month from the date of the filing of the show cause.

7. This application stands disposed of.