CHANDRAN K Vs. SECY GOVT VIGILANCE DEPARTMENT

JUDGEMENT

(1.) THE point raised in both these cases are the same. Hence we are disposing of these by a common judgment. Question raised in this case is whether Government or Joint Registrar has got power to direct the Co-operative Bank to suspend its employee. Learned single Judge felt that when gross irregularities or misappropriation are found against employees it is always open to the Government or Joint Registrar to direct the society to suspend their employees. Counsel appearing for the appellant submitted that learned single Judge was not justified in holding that Joint Registrar and Government have got power to issue such a direction. Learned Government Pleader could not point out any provision either in the Co-operative Societies Act or in the Rules empowering the Joint Registrar or State Government to direct a society to suspend its employees. Rule 198(6) of the Co-operative Rules authorises only the competent authority to suspend an employee pending enquiry. We may extract the said provision for easy reference:

(2.) APPEALS are therefore, allowed and the judgment of the learned single Judge would stand set aside.