RAM VISHAL PATERIYA Vs. STATE OF M. P.

JUDGEMENT

(1.) The present petition has been filed challenging the suspension order Annexure P/9 dtd. 13/6/2024, alleged to be issued under instructions of the Registrar, Cooperative societies of Madhya Pradesh, vide Annexure P-8 dtd. 12/6/2024. The petitioner is working on the substantive post of Manager (Accounts), in District Central Cooperative Bank, Chhatarpur (hereinafter referred to as "Bank").

(2.) Learned counsel for the petitioner submits that the order Annxure P/9 has been passed in colourable exercise of powers because the order though is signed by the CEO of the Bank under authority of the Staff SubCommittee, but from perusal of the letter Annexure P-8 it is evident that the Registrar, Cooperative Societies has issued instructions for the same and thus, the order has been issued under instructions and dictate of a third authority.

(3.) The learned counsel further submitted that the matter alleged against the petitioner relates to irregularities in appointment of Society Managers, however, the said ground is not made out for the reason that the Society Managers who were recruited in the process in which irregularity is alleged, have already been granted stay by this Court in various petitions, including WP No.16704/2024. It was further contended that the matter was enquired twice over, once by the Joint Registrar vide Annexure P/3 dtd. 24/2/2023 and again by the Deputy Registrar vide Annexure P/4 dtd. 29/5/2023. On both the occasions, no irregularities were found by the concerned authority. However, thereafter again vide Annexure P/5, fresh enquiry was ordered by the Registrar and this report seems to be against the petitioner on basis of which he has been suspended. Thus, repeated reports were called until the petitioner was held to be at fault and an excuse to take action against the petitioner was being created by these repeated enquiries.