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2002 Supreme(All) 68

IN THE HIGH COURT OF ALLAHABAD
Sunil Ambwani, J.
BALJEET SINGH - Appellant
Versus
STATE OF U. P. - Respondents
C. M. W. P. 46220 Of 1992
Decided On : 01/11/2002

Advocates Appeared:
H.N.Singh, RAVI RANJAN, TRILOKI NATH

Headnote:

Co-operative Societies - Termination of Services - U.P. Cooperative Societies Act, 1965 - Sections 122, 123, U.P. Co-operative Federal Authority (Business) Regulations, 1976 - Summary of Acts and Sections: The court discussed the applicability of U.P. Co-operative Federal Authority (Business) Regulations, 1976 to the petitioner's services and the requirement of fair opportunity in disciplinary proceedings. The judgment highlighted the interpretation of Sections 122 and 123 of the U.P. Cooperative Societies Act, and the relevance of Business Regulations, 1976 in governing service conditions of employees of the Co-operative Union.

Fact of the Case:

The petitioner, a Co-operative Supervisor, challenged the suspension and termination orders, alleging wrongful application of regulations and denial of fair opportunity in disciplinary proceedings.

Finding of the Court:

The court found that the petitioner's services were governed by U.P. Co-operative Federal Authority (Business) Regulations, 1976, and that he was denied fair opportunity in the disciplinary process.

Issues: Applicability of service rules to U.P. Co-operative Union and adequacy of opportunity for defense in disciplinary proceedings.

Ratio Decidendi: The court held that the Business Regulations, 1976 were applicable to the petitioner's services and that he was denied fair opportunity in the disciplinary process, leading to the quashing of the termination and appellate orders.

Final Decision: The writ petition succeeded, and the impugned orders terminating the petitioner's services were quashed. The respondents were given the option to reinitiate the disciplinary enquiry or reinstate the petitioner with half the back wages.

SUNIL AMBWANI, J.

( 1 ) BY this writ petition, the petitioner has challenged the order dated 17. 7. 1990 passed by District assistant Registrar, Co-operative Societies, U. P. , Etawah, suspending petitioner, and the order dated 17. 11. 1992 passed by the Deputy Registrar, Cooperative Societies and Chairman, Regional u. P. Provincial Co-operative Union. Kanpur Region, Kanpur, terminating the services of the petitioner as Co-operative Supervisor. By an amendment, the petitioner has also challenged the decision of the State Administrative Committee on the appeal filed by the petitioner.

( 2 ) THE facts, giving rise to the instant petition, are given below :

"petitioner was appointed as Co-operative Supervisor by the Deputy Registrar/ Adhyaksha kshetriya Committee Sahkari Sangh Pradhikari/ P. C. U. , Allahabad, by order dated 20th June, 1978. It is submitted that the petitioners services are regulated by the provisions contained in the u. P. Cooperative Societies Employees Service Regulations. 1975. By Notification No. C/26/2-12-C-76, dated 13th February. 1976, the State Government recognised the U. P. Co-operative Union Limited, Lucknow as Co-operative Federation, for the supervision of co-operative Societies functioning within its jurisdiction and for supervising the Co-operative supervisors and Kamdars. The petitioner was transferred in September, 1985, posted as supervisor of Jasvantnagar Krya-Vikrya, Sahkari Samiti, Etawah and thereafter again, he was transferred on 30. 9. 1990 by Prabandh Nideshak/sadasya Sachiv Sahkari Sangh Pradhikari p. C. U. , Lucknow from Etawah to Fatehpur. By an order issued by the Assistant Registrar, etawah, dated 17. 7. 1990, the petitioner was placed under suspension on the allegations of certain financial irregularities. A charge-sheet dated 5. 12. 1990 was received by the petitioner on 27. 2. 1991. Petitioner filed a writ petition, being Civil Misc. Writ Petition No. 11111 of 1991, challenging the provisions of Sahkari Sangh Pradhikari (Viniyam), 1976 as ultra vires null and void and beyond the authority contemplated under Section 123 of the Co-operative Societies act. 1965 and also for a writ of mandamus commanding the respondent authorities to pay the petitioners full salary and allowances. During the pendency of the writ petition, the petitioner was served with an order dated 17. 11. 1992 terminating his services in exercise of the powers envisaged under Co-operative Federal Authority (Business) Regulations. 1976. The petitioner has challenged both the orders (suspension as well as termination orders) by filing the writ petition. "

( 3 ) DURING the pendency of the writ petition, the appeal preferred by the petitioner before the state Administrative Committee (Provincial Co-operative Union) was dismissed on the ground of delay. The appeal was found to have been received in the office of appellate authority on 18. 6. 1993 and that the appellate authority in its State Level Administrative Committee dated 15. 4. 1994 resolved not to consider the appeal on merits as it was filed beyond the period prescribed for filing the appeal. By an amendment application, the petitioner challenged the order in appeal. The application was allowed on 7. 9. 1999 and the amendment has been carried out.

( 4 ) 1 have heard Sri H. N. Singh, learned counsel for the petitioner and Sri Triloki Nath, learned counsel for the respondents.


( 5 ) SRI H. N. Singh, learned counsel appearing for the petitioner, submits that the petitioners services are regulated by the U. P. Cooperative Societies Employees Service Regulations, 1975 and that the respondents have wrongly applied the provisions of U. P. Co-operative Federal authority (Business) Regulations, 1976, the U. P. Cooperative Union got the status of cooperative Federal Authority and with the grant of recognition, as such, by the State government became subject to all the restrictions, etc. as applicable to the Co-operative Federal authorities and Apex Level Societies ; thus















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