JAGAT NARAIN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been made by the petitioner for the purpose of getting an order for quashing the impugned disciplinary proceedings in particular decision of Administrative Committee dated 31st March, 1997 and consequential order of dismissal dated 1st April, 1997. This writ petition has been opposed on behalf of the respondents by saying that similar writ petition was made earlier by the petitioner before the Lucknow Bench of this High Court, The Lucknow Bench was pleased to direct that the appeal of the petitioner be expeditiously decided in the next meeting of Cadre Committee, if possible within three months and the petition was finally disposed of on 7th July, 1997. In the place and in stead of due compliance of the order by the appropriate authority, the respondent authority made an application for modification before this Court on 11th August, 1997 taking the plea within such period of three months that an amendment in Rule 6 (3) Co-operative Banks Centralized Service Rules, 1976 is to be made by the Competent Authority giving appellate power to the Cadre Authority in respect of the matter relating to dismissal, removal or reduction in rank of the members of the Centralized Services like the petitioner. After making the application, the same was kept pending indefinitely. By such process effectivity of the order became frustrated, the fresh cause of action of the present writ petition, therefore, is the interpretation of the relevant rules and regulations.

(2.) WE have carefully taken note of such fact and gone through the relevant provisions available to the authority for the purpose of disposal of the appeal. It appears that as per Rule 6 of the Co-operative Bank Centralized Service Rule, 1976 power of the authority is given under Clause C therein. The appeal will be heard from the orders of the committee in respect of all the matters except those relating to dismissal, removal or reduction in rank, which shall be disposed of in accordance with Regulation framed under section 122 of the Act. Rule 7 (C) of the Rules relating to the powers of the committee says that such committee has power of regulation making. subject to prior approval of the Registrar relating to the recruitment and conditions of the service of the members. The Co-operative Banks Centralized Service Regulations framed under such Rule 7 (C) speak about provision for appeal under Regulation 62 therein. The list of the nature of punishment is already available there, which says that in case of the order of reduction in rank or grade removal and dismissal passed by the Punishing Authority i. e. Administrative Committee, the Cadre Authority is the appellate authority.

(3.) THEREFORE, we are of the view that there should not be any delay in forming the appellate authority, if not already constituted. Time period of hearing the appeal and taking decision in accordance with law will be three months from the date of communication of the order.