AIR 1990 PUNJAB AND HARYANA 317 ::(1990) 2 RRR 578 ::1991 CoopTJ 114 ::(1990) 2 LJR 81 ::(1990) 1 Pun LR 675 ::(1990) 4 ServLR 117 ::(1991) 1 LandLR 173

Punjab And Haryana High Court

Hon'ble Judge(s): G. R. Majithia , J

Punjab Co-operative Societies Act (25 of 1961) , S.26— Punjab State Federation of Cooperative Sugar Mills Ltd. Bye-laws , Cl.4, Cl.17.1— Appointment to post of Managing Director of Federation - Incumbent must be member of I. A. S. - Managing Director retiring from I.A.S. on attaining age of superannuation - His re-employment to that post is illegal - Fact that such reemployment is approved by Registrar, Co-operative Societies, cannot validate order. Section 26 provides for appointment of Managing Director of the Federation (Sugarfed). There is no other provision in the Act authorising the State Government to nominate a Managing Director. The requisite qualifications for appointment of a Managing Director are contained in proviso to clause (b) @page-PunjHar318 of S.26 of the Act. So when the Government has to appoint a Managing Director of the 'sugarfed' under by-law 17.1 of the bye-laws, it could only appoint a person who fulfils qualifications laid down in the proviso. A member of the Indian Administrative Service could be appointed as a Managing Director of the 'Sugarfed' but only when he is a member of the service. After his retirement, he ceases to be a member of the Indian Administrative Service. The guideline for appointment of a Managing Director of the 'Sugarfed' by the Government as envisaged under bye-law 17.1 of the b....