S.M. GANGURDE Vs. MAHARASHTRA STATE CO

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution is to strike down an order of suspension dated 13.3.1986 passed against the petitioner who was last working as the Deputy Manager of the respondent Federation.

(2.) The respondent Federation is a co-operative body registered under the Maharashtra Co- operative Societies Act. 1960. Petitioner joined respondent's employment as a Clerk on 1.7.1968. From time to time, he was promoted and eventually came to work as a Deputy Manager at the Wadala office of the Federation. By order dated 30.1.1986, petitioner was transferred to the Head Office where he reported for work. On 13.3.1986, there came to be issued an office order in relation to the petitioner at Ex. A and, is worded thus:

(3.) Petitioner contends that the order of suspension is in excess of the requirements of Rule 41(1). There is no finding that the allegations are of a serious nature likely to entail his dismissal if established, or, that his continuance in service is likely to cause embarrassment or to hamper the investigation of the case. Without application of mind to this aspect of the case, the order of suspension way passed - Therefore, the said order cannot be sustained. More important than this defect, is, the fact that the suspension was ordered by the Managing Director. The power to suspend has been vested by Bye-law 51(24) in the Board of Directors. Taste, the Board of Directors can empower the Managing Director to exercise certain functions on its behalf. But the powers delegated to the Managing Director by the Board of Directors, does not include the power of suspending an employee of the Federation. For that reason also, the suspension is void.