AJAY ASATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner, by the instant petition filed under Article 226 of the Constitution of India, is challenging the validity of order dtd. 5/3/2024 (Annexure-P/7) passed by the Chief Executive Officer, Zila Shahkari Kendriya Bank Maryadit, Chhatarpur (respondent No.3), whereby he has been placed under suspension.

(2.) Learned counsel for the petitioner submits that the petitioner was holding the post of Branch Manager at Bijawar Branch. It is submitted that since the officer who has passed the impugned order is not competent to place the petitioner under suspension, therefore, the present petition is maintainable before this Court. In support of his submission, learned counsel for the petitioner has placed reliance upon an order passed by the co-ordinate Bench of this Court in Writ Petition No.5055 of 2024 [Jalam Singh Vs. The State of Madhya Pradesh and others] on 18/3/2024.

(3.) Indisputably, the petitioner is an employee of cooperative bank which is a society registered under the provisions of M.P. Co-operative Societies Act, 1960 (in short the 'Act, 1960'). That apart, it is a dispute between employee and employer, in which respondent No.3 has placed the petitioner under suspension. Provision of Sec. 55 of the Act, 1960 very specifically provides that if a dispute relating to service conditions of an employee working in a co-operative society is raised, then that can be raised before the Registrar only. Sec. 55 of the Act, 1960 is relevant, which reads as under:-