MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the notice dtd. 8/4/2019 (Annex.-6) and order dated 22/23/4/2019 (Annex.-7), whereby the meeting of the District Advisory Committee was convened and the petitioner was placed under suspension respectively.

(2.) The petitioner was serving as Manager, Bandhara Gram Seva Sahakari Samiti and was holding additional charge of Jhankali Gram Seva Sahakari Samiti Ltd., Jhankali, Barmer ('the Samiti'), when an FIR (Annex.-2) came to be lodged against the petitioner and one Bhanwar Dan, Chairman of the Samiti by the respondent No. 3-Bank. Whereafter, it appears that the Bank (respondent No. 3) under provisions of Rule 38(c)(3)(5) of the Primary Agriculture Loan Cooperative Societies/Major Agriculture Multipurpose Cooperative Societies Employees' Selection, Appointment and Service Conditions, 2008 ('the Service Conditions, 2008'), required the Bandhara Samiti to suspend the petitioner by order dtd. 18/3/2019. However, when the suspension did not take place, by communication/notice dtd. 8/4/2019 (Annex.-6), a meeting of the District Advisory Committee was convened on 15/4/2019, which meeting was postponed to 22/4/2019 and by order dated 22/23/4/2019 (Annex.-7), the petitioner was suspended.

(3.) It is submitted by learned counsel for the petitioner that in terms of provisions of Rule 38(c)(3)(5) of the Service Conditions, 2008, the suspension order could only be made under the signatures of the Chairman of the Samiti and as the order of suspension (Annex.-7) has been issued under the signatures of the Secretary of the District Advisory Committee, the order impugned suspending the petitioner is wholly without jurisdiction, which deserves to be quashed and set aside.