HARYANA STATE FEDERATION OF CONSUMERS CO-OP WHOLESALE STORES LTD Vs. REGISTRAR CO-OPERATIVE SOCIETIES, HARYANA

JUDGEMENT

(1.) Appeal filed by the respondent Ramesh Kumar against the order dated 7.10.1988 passed by the Managing Director, Haryana State Federation of Consumers' Cooperative Wholesale Stores Ltd., dismissing him from service was allowed by the Registrar, Cooperative Societies, Haryana, Chandigarh vide order dated 17.8.1989 (Annexure P-5) on two grounds namely that the authority which issued the order of punishment was not competent to do so and that the inquiry report on the basis of which order of punishment was passed did not inspire confidence.

(2.) The petitioner has questioned the order of Registrar on the ground that the Registrar has failed to take into consideration provisions contained in rule 9 of the Staff Service Rules of the Haryana State Federation of Consumers Cooperative Wholesale Stores Limited, 1975 and the Registrar has not given any reason for holding that the enquiry report which was made basis for punishing respondent No. 2 did not inspire confidence.

(3.) In support of the writ petition, Mr. Hemant Kumar argued that the Registrar who had decided the appeal filed by the respondent has committed a serious error in holding that the order of punishment was without jurisdiction. He argued that under Rule 9 of Rules, 1975, order of punishment of dismissal can be passed by the appointing authority and for an employee who was drawing a basic pay of Rs. 160/-, the Managing Director was the appointing authority and this aspect of the case has altogether been overlooked by the Registrar. Shri Hemant Kumar then argued that the order passed by the Registrar castigating the inquiry report as bad is cryptic and arbitrary. Shri Sandhu learned counsel for respondent No. 2 has argued that respondent No. 2 was appointed by the Board of Directors of Ambala Central Co-operative Consumer Store and, therefore, order of dismissal could not have been passed by an authority other than the Board of Directors of the Petitioner-Federation.