SUBHASH CHANDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The instant writ petitioner has been filed with multiple prayers:

(3.) The factual exposition as has been delineated in the writ petition is that while posted as Co-operative Extension Officer in the office of the Assistant Registrar, Co-operative Societies, Ranchi Circle, Ranchi, the petitioner was appointed as Administrator of Foundry and Forged Credit Co-operative Society Limited, Dhurwa, Ranchi by the order of Secretary, Co-operative Department, Government of Jharkhand, Ranchi dtd. 21/11/2003. The Government of Jharkhand, vide its resolution as contained in Memo No. 1038, dtd. 7/10/2003, Co-operative Department, decided that the Government of Jharkhand would be competent authority and all the works related to establishment in respect of Supervisory Officer (which includes Co-operative Extension Officer) shall be conducted at the level of Government and the power of Registrar, Co-operative Societies, Jharkhand, Ranchi were withdrawn by the Government. However, ignoring the said resolution of the Government dtd. 7/10/2003, the Registrar, Co-operative Societies, by order as contained in Memo No. 473, dtd. 23/3/2005, initiated a Departmental Proceeding against the petitioner by framing memo of charge (Prapatra-K) against him and six charges were leveled against him which includes (i) to withdraw cash from the bank and to pay it to the members of the society which ought to have been paid through cheque: (ii) withdrawal of a sum of Rs.1,90,000.00 and to enter into the cash book afterwards with a view to mislead; (iii) not to Co-operate in course of enquiry: (iv) not to take help from three employees of the society: (v) to print thousand copies of the bye-laws of the society and to distribute it and (vi) the payments were made with respect to a subjudiced matter to some members and not to pay arrears to other members.