KISHAN CHAND Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the parties and perused the record. The petitioner was appointed as Cadre Secretary by direct recruitment on 15.2.1977. While working as Cadre Secretary in Kisan Seva Sahkari Samiti Ltd. the petitioner was placed under suspension by order dated 28.12.2005 by respondent No. 3, Member Secretary, District Administrative Committee and Secretary/General Manager, District Co-operative Bank Ltd., Muzaffarnagar. This petition has been filed with the following reliefs:

(2.) The contention of the counsel for the petitioner is that the order of suspension is illegal and without jurisdiction being contrary to the Service Regulations and the Rules framed under the U.P. Co-operative Societies Act, 1965. It is submitted that the impugned order of suspension is vitiated having been passed on the dictates of the District Assistant Registrar who is no more Member/Secretary of the society by virtue of the 12th amendment to the Service Rules, 2004. It is next submitted by the counsel for the petitioner that the impugned order of suspension has been passed without application of mind to the relevant records and also without appreciating the contents of letter dated 23.12.2005 sent by the Branch Manager, Muzaffarnagar, District Co-operative Bank having its branch at Mansoorpur to the Member Secretary, District Administrative Committee and Secretary/General Manager, District Cooperative Bank Ltd., Muzaffarngar, respondent No. 3. The counsel for the petitioner also submits that the letter dated 23.12.2005 also falsify the allegation of the shortage of stock of the fertilizers in the Samiti to the tune of Rs. 6,66,064/- and other financial irregularities claimed to be found by the Inspecting Officers which was the sole basis of order dated 28.12.2005.

(3.) It is urged by the counsel for the petitioner that the petitioner has submitted a detailed representation on 4.1.2006 for recalling the suspension order dated 28.12.2005 annexing all relevant documents in support of his case and pleading his innocence but no action has been taken by the respondents on his representation even though it is amply clear from his representation as well as letter dated 23.12.2005 aforesaid that no financial irregularity has ever been committed by the petitioner. Copy of the letter dated 23.12.2005;copy of the bank receipt along with loan recovery and the copy of the, representation of the petitioner dated 4.1.2006 have also been appended as Annexure nos. 2 to 4 to the writ petition.