IMPORTANT POINT
The Registrar of Co-operative Societies lacked jurisdiction to initiate disciplinary proceedings against the petitioner, rendering the punishment invalid.

JUDGMENT :

S.N. PATHAK, J.

1. Heard the parties.

PRAYER OF THE PETITIONER

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

(i) For quashing of the Memo of Charge/Charge-sheet dated 19.03.2005 issued by the Registrar, Co-operative Societies, Jharkhand, Ranchi as contained in memo no. 473 dated 23.03.2005 (Annexure-3) which has not been served upon him by the competent authority in light of resolution as contained in Memo No. 1038 dated 07.10.2003 and for quashing of the Departmental Proceeding initiated vide letter no. 184 dated 28.03.2005 (Annexure-4) based on the abovementioned charge-sheet.

(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 letter no. 958 dated 09.06.2006 (Annexure-15) by which the then Secretary, Co-operative Department, Government of Jharkhand, Ranchi has directed the Assistant Registrar to comply the order passed by the Registrar, Co-operative Societies imposing punishment upon the petitioner.

(iii) For quashing the Appellate order dated 05.12.2012 passed by respondent no. 2 and served vide letter no. 3384 dated 08.12.2012 (Annexure-18) whereby and whereunder the appellate authority rejected the appeal arbitrary, mechanically, without proper appreciation of the ground raised by the petitioner in the memo of appeal which is after more than five years of filing of the appeal and also without considering that the Registrar, Co-operative society has no unbridled and unanalyzed power and jurisdiction to surpass the resolution of the Government contained in Memo no. 1038 dated 07.10.2003.

(iv) For quashing the Review order as contained in memo no. 1806 dated 24.12.2020 (Annexure-19/1) passed by Respondent No. 2 whereby and where under review preferred by the petitioner against the appellate order dated 05.12.2012 has been rejected after more than 5 years of filing the review, on the ground of limitation, without considering that in Quasi Judicial proceeding the law of limitation Act is not applicable if otherwise specially mentioned in the Act. And also in a very arbitrary, mechanical manner, without proper appreciation of the opinion of the Registrar, Co-operative Societies given on 11.01.2018 obtained by the petitioner through Right to Information, Act.

(v) For direction upon the respondents to withdraw the punishment order passed vide memo no. 615 dated 27.05.2006 and pay all consequential benefits to the petitioner arises due to this illegal order of punishment.

FACTS OF THE CASE

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 dated 21.11.2003. The Government of Jharkhand, vide its resolution as contained in Memo No. 1038, dated 07.10.2003, 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 dated 07.10.2003, the Registrar, Co-operative Societi