DHARMENDRA SINGH Vs. DY REGISTRAR COOPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioner has challenged the validity of the resolution dated 19.11.1998 resolving to remove the petitioner from the service of Co-operative Federal Authority as also consequential order dated 12.2.1998 passed by the Deputy Registrar, Co-operative Societies/Chairman, Regional Committee and the order dated 19.2.1998 passed by the District Assistant Registrar/Chairman, District Committee.

(2.) The petitioner was appointed by the U.P. Co-operative Union, Lucknow on the post of Co-operative Supervisor in the district of Lakhimpur Kheri in the year 1977. The petitioner was thereafter transferred to various other societies. He was placed under suspension vide order dated 23.12.1995 by the Assistant Registrar Co-operative Societies exercising his power as Chairman of District Committee constituted under the Co-operative Federal Authority (Business) Regulations, 1976. The disciplinary proceedings were taken against him. On 19.1.1998 Kshetriya Committee Sahkari Sangh Pradhikari (P.C.U.), Bareilly Region, Bareilly passed Resolution No. 8 resolving to remove the petitioner from service. On the basis of resolution dated 19.1.1998 the Deputy Registrar, Co-operative Societies passed the impugned order dated 12.2.1998 and District Assistant Registrar passed on order on 19.2.1998 removing the petitioner from service.

(3.) The impugned orders are appealable under Regulation 70 of Co-operative Federal Authority (Business) Regulations, 1976. The contention of the learned Counsel for the petitioner. Sri H.N. Tripathi, is that the services of the petitioner are to be governed by the provisions of U.P. Co-operative Societies Employees, Service Regulations, 1975 (in short 1975 Regulations), Sri K.N. Mishra. learned Counsel for the respondents, contended that the appointing authority of the petitioner is Co-operative Federal Authority and his service condition are governed by Cooperative Federal Authority (Business) Regulations, 1976. The question is which rule is applicable in the case of the petitioner who was appointed as Supervisor by the U.P. Co-operative Union (in short P.C.U.). There are three sets of Regulations framed under three difference sections of the Co-operative Societies Act, 1965.