S. N. PATHAK
Subhash Chandra Singh S/o Late Braj Nandan Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. PATHAK, J.
1. Heard the parties.
PRAYER OF THE PETITIONER
2. The instant writ petitioner has been filed with multiple prayers:
(ii) For quashing the order as contained in memo no. 615 dated 27.05.2006 (Annexure-13) passed by the Registrar, Co-operative Societies, Jharkhand Ranchi (Respondent No. 4) whereby punishment of Stoppage of three increments with cumulative effect and recovery of Rs. 1,90,000/- which were paid illegally to daily wages employee of the society has been imposed with further punishment that the petitioner be not posted on any post involving financial responsibility and that the punishment be incorporated in the service book of the petitioner. Further prayer has been made to quash the
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The Registrar of Co-operative Societies lacked jurisdiction to initiate disciplinary proceedings against the petitioner, rendering the punishment invalid.
Court upheld the authority's power to review its decisions, emphasizing adherence to procedural justice in employment termination cases under cooperative statutes.
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The disciplinary authority that initiates proceedings must be the appointing authority; actions taken by a subordinate authority are illegal and violate principles of natural justice.
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Disciplinary proceedings must be approved by the competent authority; failure to do so renders the proceedings void.
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