VASAMSETTI KAMESWARA RAO Vs. GOVT OF A P

JUDGEMENT

(1.) By The Court. This writ petition is filed to continue the petitioner in service by declaring the proceedings dated 06/07/2000 made by the General Manager, District Co-operative Central Bank Limited, Kakinada, in placing him under suspension pending enquiry into the lapses alleged to have been committed by him as illegal, arbitrary, without jurisdiction and contrary to Section 116-AA of the A.P. Co-operative Societies Act, 1964 (for short the Act') read with Rule 72 (3) of the A.P. Co-operative Societies Rules (for short the Rules').

(2.) The facts in brief are as follows : The petitioner is working as Secretary in the Tanukuvada Primary Agricultural Co- operative Society-4th respondent herein. He was initially appointed as Secretary at Manjeru PACS in the year 1979 and thereafter he was transferred to Jagannathagiri PACS While so. after introduction of Section 116-AA by A.P. Co-operative Societies (Amendment) Act. 1985 (Act 21/85), the Government abolished common cadre for all the categories of the employees other than those specified in Section 116-A of the Act. As per Section 116-AA of the Act, it shall be lawful for the Registrar to allot, subject to such rules as may be made in this behalf, the employees included in the cadre so abolished to such Primary Agricultural Credit Societies. As per proviso to Section 116-AA, until they are allotted, the respective employees shall continue in the posts in which they are working at the commencement of the Amendment Act. Accordingly, Rule 72 has been made prescribing the guidelines to allot decaderised Secretaries to the P.A.C.Ss. As per Rule 72 (3). the Secretary on allotment to a Society, shall be deemed to be the employee of that Society and shall be entitled to receive pay and allowance from the funds of the said society and the service conditions of the Secretaries shall be governed by such regulations as may be framed by the Registrar for adoption by the Societies. As per Rule 72 (4), the Society shall exercise, the disciplinary control over the Society subject to the rules laid down in Service Regulations issued by the Registrar of Co-operative Societies adopted by the Societies. As per proviso to sub-rule (4) of Rule 72, if any disciplinary proceedings is pending on the date of the abolition of the common cadre, shall be conducted against the concerned. Secretary by the Society to which he stands allotted in accordance with such service regulations.

(3.) Rule 72 was framed by G.O. Ms. No. 454 (Co-op IV) dated 13/09/1985. By G.O. Ms. No. 704 (Co-op IV) dated 04/12/1987. sub- rule (5) was added to Rule 72 to deal with the situation in respect of the Secretaries who are not allotted and continuing in the posts of their respective places to P.A.C.Ss. for the purpose of disciplinary control, it is clarified that such of those Paid Secretaries who are not allotted on decaderised Secretaries on abolition of such common cadre, shall be governed by the common cadre regulations alone existing prior to the abolition of common cadre of the Secretaries and the General Managers of the Co- operative Central Banks on a decision by the Registrar are empowered to initiate disciplinary action against such Secretaries for the lapses committed by them in the Societies after decaderisation.