PRITHVI NATH MISRA Vs. REGIONAL ADMINISTRATIVE COMMITTEE UTTAR PRADESH PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETIES CENTRAL SERVICE

JUDGEMENT

(1.) Hon'ble Sabhajeet Yadav, J.

(2.) BY this petition, the petitioner has challenged the orders dated 5.8.1999 and 16.6.2000, contained in Annexures-9 and 11 respectively to the writ petition whereby the petitioner has been dismissed from service while working on the post of Secretary, Sadhan Sahakari Samiti Ltd., Madanpur Vikas Khand, Uska Bazar, District Siddhartha Nagar after holding disciplinary inquiry against him and appeal preferred by the petitioner has been dismissed by Regional Level Administrative Committee, U.P. Primary Agricultural Co-operative Credit Societies Centralized Service, Basti.

(3.) LEARNED counsel for the petitioner has submitted that the service of petitioner who was member of U.P. Primary Agricultural Co-operative Credit Societies Centralized Service is governed by U.P. Primary Agriculture Co-operative Credit Societies Centralized Service Rules-1976, herein after referred to as Rules-1976 and U.P. Primary Agricultural Co-operative Credit Societies Centralized Service Regulations, 1978 (herein after referred as Regulations-1978). It is further submitted that the petitioner was placed under suspension by the Member Secretary, District Administrative Committee, Siddhartha Nagar-respondent no.4 on a report dated 7.1.1998 received from Assistant Development Officer (Cooperative) Bansi pertaining to Sadhan Sahakari Samiti, Mau, Harbanspur Block Birdpur and Sadhan Sahakari Samiti Ltd., Madanpur Block Uska Bazar, which was not placed before the District Administrative Committee but the respondent no.4 acted in undue haste in issuing the order of suspension without any decision of the District Administrative Committee to initiate disciplinary proceeding against the petitioner. It is further submitted that a Full Bench of this court in Ram Chandra Pandey Vs. District Administrative Committee and others, 1997 (3) UPLBEC 1747 to 66, has held that a member of service can neither be suspended by Member Secretary, District Administrative Committee nor any enquiry officer can be appointed by him in absence of any decision of the District Administrative Committee to initiate disciplinary proceedings against the member of service but in instant case aforesaid suspension order was passed without any such decision of District Administrative Committee to hold disciplinary inquiry against the petitioner, which is appointing authority of the petitioner under rule 13 of the said Rules.