PRATAP NARYAN SINGH Vs. CHAIRMAN CADRE AUTHORITY

JUDGEMENT

(1.) THE order passed by the Chairman, Cadre Authority. Cooperative Banks Centralised Services terminating the appointment of the petitioner on the post of Joint Secretary of the Cadre Authority and reverting him to the post of Secretary, District Cooperative Bank, Ghazipur is subject matter of challenge in the instant writ petition.

(2.) THE plea on behalf of the petitioner is that he was holding the office of the General Manager and the impugned order amounted to reversion in violation of the provisions of law.

(3.) IN the counter affidavit, which has been filed by the opposite parties No. 1 to 3, it has been stated that the Cadre Authority is constituted under Rule 4 (a) U. P. Cooperative Banks Centralised service Rules, 1976 and under Rule 7 of said Rules, powers of the Committee are enumerated. IN Rule 7 (a) it is provided that the Committee is the appointing authority in respect of the members of the Services, meaning thereby Secretary means Chief Executive Officer of the Bank by whatsoever name he may be called, and thus, it is the Committee which is the appointing authority in respect of members of the service. It has also been pointed out that the Committee has been given power to make regulations subject to the approval of the Registrar relating to the recruitment and conditions of service of the members. Under Rule 12 (vii) it is provided that a common cadre call' shall be created, in the Apex Bank, i.e. U. P. Cooperative Bank Ltd., in accordance with the directions of the Cadre Authority to deal with the day-to-day work connected with the service and implementation of these rules and all expenditure thereon shall be borne by the Apex Bank while Rule 13 provides that the committee of Management means Committee of Management, District Cooperative Bank Limited shall have no power to appoint any person on such posts as are included in the Services. It is further provided that where the Administrative Committee has posted a member of the Service on such post in a Bank, the Committee of Management of the Bank concerned shall exercise such control over the member as is specified in the regulation framed under Rule 7 (c). It has further been stated that there is no post of Deputy Secretary or Joint Secretary nor any rule provides or empowers the Committee to create such posts, but for the convenience and functioning of the common cadre cell, the persons who are posted, and have been given notional designation of Deputy Secretary and Joint Secretary. It has been stated that under the law the committee is not empowered to create such posts as this is a cadre of Centralised Services in which Secretary and Key personnel are covered. It has been stated that the petitioner was not appointed on the said post but was taken on deputation for which he was given Rs. 300/- as special allowance and no deputation allowance. The petitioner has completed more than three years on the said post. It has further been stated that the petitioner being member of centralised services is having his lien there and be being member of centralised service can be posted on the post of Joint Secretary with the prior approval of the Chairman as he can be transferred from one bank to another Bank subject to prior approval of the Chairman of the Committee.