RAM CHANDRA PANDEY Vs. DISTRICT ADMINISTRATIVE COMMITTEE

JUDGEMENT

(1.) There being conflicting decisions -of this Court regarding power of the Member / Secretary of the District Administrative Committee to suspend a member of the centralised service in the absence of prior decision of the District Administrative Committee (hereinafter referred to as the District Committee) to initiate the disciplinary proceedings. Division Bench has referred the controversy to Full Bench for resolving the conflict. As the Division Bench did not frame any question of law and has referred all the cases to Full Bench for decision the learned Counsel for the parties, apart from the aforesaid main issue, have also raised the following other question : (0 whether prior concurrence of the Assistant Registrar is a condi- tion precedent for suspending a member of the centralised service even if the order of suspension has been passed by a Member/ Secretary of the District Committee, who himself is the Assistant Registrar? (ii) whether the District Committee can suspend a member of the centralised service? (iii) whether Member/Secretary of District Committee, while suspending a member of the centralised service, can appoint an Inquiry Officer to hold inquiry into the conduct of the Member and to submit his report? (iv) whether the impugned orders of suspension are illegal and without jurisdiction?

(2.) Petitioners are the Secretaries of Primary Agricultural Co-operative Credit Societies (hereinafter referred to as the society). They have been suspended by the Member / Secretary of the District Committee. Feeling aggrieved by the orders of suspension, they have filed these writ petitions.

(3.) We have heard the learned Counsel for the parties. As more than one question is to be answered by us, we are dealing with each of those questions separately as under: Main question Power of Member / Secretary of the District Committee to suspend a member of the Centralised Services.