MOHAMMEDKUTTY Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The point raised in both these cases are the same. Hence we are disposing of these cases by a common judgment. Question raised in this case is whether Government or Joint Registrar has got power to direct the Cooperative 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 Cooperative Societies Act or in the Rules empowering the Joint Registrar or State Government to direct a society to suspend its employees. R.198(6) of the Cooperative Societies Rules authorises only the competent authority to suspend an employee pending enquiry. We may extract the said provision for easy reference:

(2.) The above mentioned provision would indicate that if the period of suspension exceeds one year prior approval of the Registrar is necessary. In case the employee is kept under suspension for more than one year without the approval of the Registrar appropriate direction could be issued by the Registrar. Beyond that the Registrar or the Government have no power. In the absence of any such provision we are of the view direction given by the Government as well as the Joint Registrar cannot be sustained. We may point out due to misconduct of its employee or otherwise the societies affairs may be affected. It is always open to the Joint Registrar to take appropriate action under the provisions of the Cooperative Societies Act and Rules. There is also ample power on the Registrar to take action under S.65 and 66 of the Cooperative Societies Act and power under S.32 can also be invoked in appropriate situations. In the absence of any provision in the Act or Rules giving power on the Government or Joint Registrar to direct suspension of an employee of the Cooperative Society we are of the view learned single Judge was not justified in declining relief to the petitioners. Order of suspension in both cases would stand quashed. This will not stand in the way of the Managing Committee to consider the materials before it and take an independent decision as to whether the employee should be suspended or not.