MAHESH VIKRAM SINGH Vs. DISTRICT ASSISTANT REGISTRAR, CO

JUDGEMENT

(1.) This petition is directed against order of suspension from service, dated 21.6.1989, Annexure I, passed by the Member- Secretary of the District Administrative Committee, U.P. Primary Agricultural Co-operative Credit Societies Centralised Services, Lucknow. The order is challenged on the ground that it is without the approval of the Assistant Registrar and the Chairman of the District Administrative Committee and is therefore violative of Rule 14(v) of the U.P. Primary Agricultural Cooperative Credit Societies Centralised Service Rules, 1976, for short 1976 Rules.

(2.) It is not disputed that under the aforesaid Rule, Member-Secretary is competent to suspend the petitioner. That provision however requires prior concurrence of the "Assistant Registrar". The petitioner admits that the Member-Secretary is District Assistant Registrar but his learned counsel submits that he cannot be treated to be "Assistant Registrar". For making the submission he relies upon Sec. 3(2) of the U.P. Co-operative Societies Act, for short Act and Rule 2 (e) of the U.P. Co- operative Societies Rules, 1968, for short 1968 Rules. Rule 14 (v) of the 1976 Rules reads as follows:

(3.) Under Rule 2 (e) of 1968 Rules, six District Assistant Registrar is appointed from amongst the Assistant Registrars appointed under Sec. 3(2). This is apparent from the expression "District Assistant Registrar means an Assistant Registrar" used in Rule 2(e). It is not disputed that the Member Secretary who passed the impugned order is District Assistant Registrar. He is therefore Assistant Registrar also for the purposes of Rule 2(e). The term "District" has no special significance. It only denotes the area of his jurisdiction. It extends over the entire district, of course, it is confined to co-operative activities. It is not the petitioner's case that the Member-Secretary who passed the impugned order has not been appointed Assistant Registrar under Sec. 3(2). His appointment as District Assistant Registrar does not have the effect of nullifying his appointment as "Assistant Registrar". Rather it is by virtue of his appointment as "Assistant Registrar" that he is appointed "District Assistant Registrar".