RAM CHANDRA DIXIT Vs. DEPUTY REGISTRAR, CO

JUDGEMENT

(1.) Through this petition filed under Art. 226 of the Constitution, Ram Chandra Dixit, the petitioner, challenges his dismissal order dated 21st Aug., 1978 from the post of Supervisor, Kshetriya Sahkari Samiti Ltd. Karanpur, district Aligarh.

(2.) The petitioner filed the present writ petition with the allegations that he was appointed in the year 1960 as Supervisor in the U.P. Co-operative Bank, Lucknow, u p. to July, 1976 he worked as Supervisor at different places. In Aug. 1976 he was posted at Chandra Purvi Kshetriya Sahkari Samiti Ltd, Chandrapa. district Aligarh as Secretary. He had also been given the charge of Seed Store. From Chandrapa Kshetria Sahkari Samiti he was transferred to Kshetriya Sahkari Samiti Ltd. Karanpur, district Aligarh as Secretary. While he was working in the said Kshetriya Sahkari Samiti, he received an order dated 8th Jan., 1978 suspending him on the ground of serious irregularities in the distribution of fertilizer and fictitious Baning. The suspension order was followed by service of a charge sheet of which a reply was given to the authority concerned. The petitioner also appeared before the Enquiry Officer. Having found that the charges were made out the petitioner was dismissed from employment by the Deputy Registrar on 21st Aug., 1978. The order stated that after investigation of the charges and taking evidence of the department and also of the petitioner the petitioner had been found guilty of disobedience, indiscipline, embezzlement of funds and distribution of fertilizer. The petitioner thereafter, filed the present writ petition in this court on Nov. 3, 1978.

(3.) The ground taken was that the petitioner was an employee of U.P. Co-operative Union Bank and as his services were governed by the U.P. Co-operative Societies. Employees Services Regulation, 1975, framed under Sec. 122 of the U.P. Co-operative Societies Act (hereinafter referred to as the Act), his service could be terminated only by the Committee of Management and as such, the impugned order dismissing him from service by the Deputy Registrar of the Co-operative Societies, was invalid. Controverting the allegations made in the writ petition, that the petitioners services were governed by the U.P. Co-operative Societies Employees Service Regulations, 1975 the counter-affidavit stated that the Co-operative Bank had been recognised as "Federal Authority" under Sec. 123 of the Act and, as such, the petitioners service Regulations 1975.