N SATYANARAYANA Vs. DISTRICT CO OPERATIVE OTRICER

JUDGEMENT

(1.) The petitioner, who is working as a Paid Secretary in Z. Medapadu Primary Agricultural Co-operative Society, Dwarapudi, Mandapeta Mandal, East Godavari District, 4th respondent herein, filed this Writ Petition impugning the validity of the order dated 11-11-1996 issued by the General Manager, District Cooperative Central Bank, Kakinada, 3rd respondent herein, keeping him under suspension with immediate effect, pending enquiry into the allegations made against him regarding the working of the Society.

(2.) The petitioner was originally appointed on 1-3-1982 as a Paid Secretary and was posted to Chintaluru Primary Agricultural Co-operative Society, Alamuru Mandal, East Godavari District. Consequent to insertion of Section 116-AA in the A.P. Co-operative Societies (Amendment) Act, 1985 (by the Amendment Act 21 of 1985), the post of Paid Secretary was decaderised and the petitioner was allotted to the 4th respondent Society by the District Collector, Co-operation, East Godavari District, who is the functional Registrar under the A.P. Cooperative Societies Act, 1964 (hereinafter referred to as "the Act"), by his order dated 9-5-1987. That order was made by the District Collector, Co-operation, Kakinada, in accordance with Rule 72 of the A.P. Cooperative Societies Rules, 1964 (hereinafter referred to as "the Rules"), whereunder guidelines to allot decaderised Secretaries to the Societies were issued. On 11-11-1996 the 3rd respondent passed the impugned order.

(3.) The main contention advanced on behalf of the petitioner, by his Counsel-Sri A Satyaprasad, is that on his allotment to the 4th respondent-Society on 9-5-1987 by the competent authority, the petitioner has become an employee of that Society; thereafter the Registrar of the Co-operative Societies has no disciplinary control over him in view of the mandatory provision contained in sub-rule (4) of Rule 72 of the Rules, and, therefore, the 3rd respondent has no jurisdiction to keep him under suspension by issuing the impugned order.