S KOMARAIAH Vs. MEMBER SECRETARY CADRE AUTHORITY

JUDGEMENT

(1.) The petitioner who was working as the Zonal Manager of the A.P.State Co-operative Bank Ltd., Tirupaii was placed under suspension by an order dated 6-5-89 issued by the respondentMember-Secretary, Cadre Authority (For Key Personnel of Co-operativs Central Banks/Apex Bank). The order reads :

(2.) In the affidavit filed in support ot the writ petition it is averredthat there is no provision in the Regulations governing the service conditions of the petitioner empowering the Member Secretary to suspend an Officer pending enquiry into a criminal offence by another Authority When there was no departmental enquiry pending against the petitioner the power of suspension is not available. The substantive power conferred upon the Member-Secretary is to impose the punishment of suspension as a measure of penalty and without notice and enquiry such a punishment cannot be imposed. The order was passed in a routine manner without any application of mind. The endorsement by the Registrar, Co-operative Societies was merely complied with by the Member-Secretary without any independent application of mind.

(3.) The counter-affidavit elaborately deals with the allegationconcerning disproportionate asaets alleged to have been acquired by the petitioner. The order of suspension was passed, it is averred in the counter affidavit, after taking into consideration all the facts and circumstances and that it was not passed by merely following instructions of the Registrar of Co-operative Societies. Under Regulation 39, it is asserted, the Member Secretary is competent to suspend Class-I and Class-II Officers pending enquiry. The Cadre Committee comes into the picture only if the suspension is continued beyond six months.