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IN THE HIGH COURT OF ORISSA AT CUTTACK
MURAHARI SRI RAMAN
Gopabandhu Sahu – Appellant
Versus
Registrar of Cooperative Societies, Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner challenges suspension order. (Para 2 , 3 , 4 , 5) |
| 2. assistant registrar's authority questioned. (Para 6 , 7 , 8) |
| 3. writ petition adjudicated in favor of petitioner. (Para 9) |
| 4. court's analysis of authority and guidelines. (Para 10 , 12 , 13 , 14 , 16 , 17) |
| 5. suspension order deemed nullity. (Para 11 , 18) |
ORDER :
1. This matter is taken up through Hybrid Mode.
“ In the premises therefore, it is humbly prayed that, the Hon’ble Court may graciously be pleased to issue RULE NISI in the nature of writ of mandamus and/or any other appropriate writ/writs, direction/directions, order calling upon the opposite parties more particularly the Opposite Party No.2 to show cause as to why the order No.1210 dated 16.06.2021 under Annexure-11 shall not be quashed.;
And pass such other further order/s as appear just;
And for which act of kindness, the petitioner as in duty bound shall remain ever pray.”
4. An inquiry being conducted by one Sub-Assistant Registrar of Cooperative Societies of the Office of Assistant Registrar of Cooperative Societies, Balangir Circle, Balangir, in connection with news item published in newspaper “The Odia Express”, the Appointing Authority-Dis
The Assistant Registrar of Cooperative Societies cannot restore a suspension already lifted by the Committee, as such authority is not vested under the Odisha Cooperative Societies Act.
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must follow due process, including issuing a charge-sheet and conducting a proper inquiry.
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must adhere to due process and jurisdictional authority, failing which it is deemed illegal.
The central legal point established in the judgment is the requirement for compliance with the provisions of the Andhra Pradesh Cooperative Society Act, 1964, and the need for proper procedure and ev....
The court affirmed that suspension under Section 59 of the Act is a procedural measure pending inquiry, requiring the authority to apply its mind to the facts and evidence.
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