BASAVANNAPPA Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) the petitioner who was the secretary of kudapali village service co-operative society ltd., hirekerur was suspended by an order dated 2-12-1988 passed by the member secretary of the common cadre authority constituted under Section 128a of the Co-Operative Societies Act. The order in question listed several misdemeanours allegedly committed by the petitioner and goes on to state that it being the intention of the authority to hold a disciplinary enquiry, pending the same the petitioner is kept under suspension from the date of that order under annexurc-b.

(2.) the petitioner challenges the said order on the ground that the impugned order of suspension should have been passed by the common cadre authority and it should not have been passed by the member-secretary. To support that submission reliance is placed on the regulations framed by the registrar of societies in the year 1986. Reference in this connection is made to regulation No. 30 which says:

(3.) per contra for the respondents it is pointed out that power to suspend the secretary pending holding of a disciplinary enquiry was forwarded under regulation 30 to the managing director of the central bank or the managing committee of the primary society and the said regulation empowered the managing director of the central bank to place the secretary under suspension if he was satisfied that it is necessary to do so pending enquiry by the disciplinary authority.