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.

ORDER :

MURAHARI SRI RAMAN, J.

1. This matter is taken up through Hybrid Mode.

2. Challenging the order No.1210 dated 16.06.2021 under Annexure-11 passed by the Assistant Registrar of Cooperative Societies, Balangir Circle, Balangir, whereby the order of suspension issued by the President of Chudapali Primary Agriculture Co-op. Society Ltd. vide order dated 01.02.2021, the petitioner has approached this Court by way of this writ petition invoking provisions under Article 226/227 of the Constitution of India with the following prayer(s):-

“ 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.;

If the Opposite parties fail to show cause and/or show insufficient or false cause, make the said Rule Nisi absolute;

And pass such other further order/s as appear just;

And allow this writ application with costs;

And for which act of kindness, the petitioner as in duty bound shall remain ever pray.”

3. The petitioner joined in service as Secretary of opposite party-Chudapali Primary Agriculture Co-op. Society Ltd. pursuant to Order No.06 dated 25.06.2015 of the Committee constituted as contemplated under Section 28 read with Section 2 (c) of the Odisha Cooperative Societies Act, 1962 (for brevity, “OCS Act”) on temporary basis in the Scale of Pay of Rs.3050-75-3950-80-4590/- with D.A. and other allowances as admissible and, as such, he is guided by the Guidelines dated 07.02.2011 issued by the Registrar of Cooperative Societies, Odisha, Bhubaneswar in exercise of the powers conferred under Section 33-A of the said Act.

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-Disciplinary Authority, the President of Chudapali PACS Ltd., in terms of Section 28 of the OCS Act read with aforesaid Guidelines had put the petitioner under suspension.

5. Said order of suspension dated 01.02.2021 being passed by the President of Chudapali PACS Ltd. in pursuance of the Order No.418 dated 28.01.2021 of the Assistant Registrar of Cooperative Societies, Balangir Circle, Balangir. Though Clause 21 of aforesaid Guidelines stipulates that “an employee may be placed under suspension from service by the disciplinary authority or the Appellate Authority, as the case may be by an order in writing for any misconduct or where a case against him/her in respect of any criminal offence is under investigation or trial” and “draft charges in the proceeding shall be served on the employees so suspended within two months from the date of suspension. All efforts shall be made for completion of the inquiry against him within 90 days from the date of service of the draft charges”, since no step was taken, the petitioner had filed a representation on 19.05.2021 (Annexure- 6). Considering the said representation dated 19.05.2021, the President of the Society called upon the petitioner vide notice No.26 dated 24.05.2021 to file a reply and, accordingly, the petitioner submitted his reply on 26.05.2021. Thereafter, the Committee passed a Resolution No.2 dated 27.05.2021 for reinstatement of the petitioner in service being satisfied with such reply of the petitioner. Hence, the petitioner submitted his joi