The interpretation of the word 'charge' in R.198(6) of the Co-operative Societies Rules does not mandate the delivery of formal charges to the delinquent employee for suspension.

S. Sankarasubban, J.

Petitioner in the Original Petition is the Pattanakkad Coir Mats & Marketing Cooperative Society Ltd. Second respondent is a clerk working in the Society. By Ext. P3 dated 18.9.1997, the second respondent was suspended from service in order to facilitate a detailed enquiry into the allegations levelled against him. He challenged Ext. P3 before the first respondent, the Project Officer (Coir), Alappuzha. "The Project Officer (Coir), Alappuzha is the Registrar for the petitioner Society. First respondent lias now passed Ext. P8 order exercising his powers under R.176 of the Kerala Cooperative Service Rules by which he had rescinded resolution No. 125 dated 17.9.1997 of the petitioner Society placing the second respondent under suspension. It is challenging Ext. P8 that the Original Petition is filed.

2. Learned counsel for the petitioner submitted that the Society has every right to initiate disciplinary action against erring members of the staff and that such action was taken by the Society against the second respondent. The Society found that the action of the second respondent was unbecoming of the staff of the Society and there were many allegations against the second respondent. It shows that he was acting against the interest of the Society. Even though the second respondent filed a reply to Ext. P1 allegation, that was not satisfactory and the Society decided to conduct a detailed enquiry. For a proper enquiry, it was decided to suspend the second respondent from service till the enquiry was over. According to the petitioner, the order of suspension was properly exercised in the interest of the Society. Counsel submitted that the first respondent extended her powers under R.176 of the Co-operative Societies Rules. R.176 of the Rules empowers the Registrar to rescind resolution, if it appears that such resolution is ultra vires of the objects of the Society, or is against the provisions of the Act, Rules, Bye-laws or of any direction or instructions issued by the Department, or calculated to disturb the peaceful and orderly working of the Society or is contrary to the better interest of the Society.

3. Power to suspend an employee is derived from R.198(6) of the Co-operative Societies Rules. R.198(6) of the Rules states as follows:

"An authority competent to appoint an employee may suspend him pending enquiry into serious charges against such employee. No employee shall however be kept under suspension for a period exceeding six months at a time. In no case an employee shall be kept under suspension for a continuous period exceeding one year without the prior approval of the Registrar. An employee under suspension shall be entitled to subsistence allowance payable under the Kerala Payment of Subsistence Allowance Act, 1972(27 of 1973).

Learned counsel for the petitioner submitted that there was serious charges against the second respondent and that was why he was suspended. Hence, it cannot be said that the resolution of the Society was against any provision of law. Learned counsel for the second respondent as well as the learned Government Pleader supported Ext. P8 order. According to them, the power has been exercised properly and that there was nothing to interfere with the order. It was further submitted that the allegations made against the second respondent are frivolous and were made only to victimise the second respondent.

4. Now, let us examine Ext. P8 order and the grounds on which the resolution was rescinded. In paragraph 12 of Ext. P8 order it is stated thus:

"no charge memo has been issued to Sri. V.R. Retnappan by the Society. A charge is a precise formulation of a definite accusation therefore, in my opinion nothing worth being called a charge has been raised or formulated against Sri. V. R. Retnappan. Only suspension pending enquiry into the serious charges is authorised by R.198(6). The usual procedure of preparing a charge memo and statement of allegations serving it on the empl