2026:HHC:6645 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2608 of 2026 Decided on: 11.03.2026 Shri Yash Pal … Petitioner Versus The Himachal Pradesh State Co-operative Milk Producers’ Federation Limited & another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner: Mr. Rakesh Kumar Dogra, Advocate. For the respondents: Mr. Vivek Singh Thakur, Advocate. Mr. Budhi Singh Thakur, Chairman, H.P. State Co-operative Milk Producers Federation, present in person. Ajay Mohan Goel, Judge (Oral) Notice. Vivek Singh Thakur, learned Counsel, accepts notice on behalf of respondents. 2. By way of this petition, the petitioner has has assailed the order passed in an appeal preferred by the petitioner against the order passed by the Disciplinary Authority. A perusal of the impugned order demonstrates that the same has been passed by the Chairman of the respondent-Federation and not by the Board of Directors, which is not the Appellate Authority. 3. Mr. Budhi Singh Thakur, Chairman, H.P. State Co- operative Milk Producers Federation, is present in person in the Court. He and learned Counsel for the respondent-Federation apprised the Court that the decision was passed by the Chairman in light of the orders passed in the Contempt Petition, i.e. COPC No.1427 of 2025, in terms whereof, a direction was issued to decide 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:6645 the appeal as per the orders passed in CWP No.13432 of 2025, though this fact was brought to the notice of the Court that the Competent Authority to decide the appeal was the Board of Directors, which was not yet constituted. 4. This Court is of the considered view that as the Competent Authority to decide the appeal is the Board of Directors, the order passed by the Chairman is not sustainable being without jurisdiction. The Court further stands informed that now the Board of Directors is in place. 5. In light of this development, without making any observation on the merit of the order, on the short count that the appeal ought to have been decided by the Board of Directors, this petition is allowed by setting aside the order under challenge, i.e. the order passed by the Chairman of the respondent-Federation, with the observation that now let the appeal of the petitioner be decided by the Board of Directors within eight weeks from today. Though, an objection was raised on behalf of the respondents with regard to the maintainability of the petition on the ground that the petitioner had statutory remedy by way of approaching the Registrar of the Co- operative Societies, however, this issue is not being adjudicated by this Court in this particular petition. 6. The petition stands disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge March 11, 2026 3 2026:HHC:6645 (Rishi)