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2018 Supreme(All) 1952

SANGEETA CHANDRA
Raja Bahiya Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Shashank Shekhar Mishra, Pusp Raj Singh
For the Respondent: Sujit Kumar Rai

JUDGMENT :

1. This writ petition has been filed by the petitioner who is a workman as Secretary of a Primary Agricultural Credit Cooperative Society (herein after to referred as "PACCS) at Vikas Khand Narayani, Banda challenging the order of suspension issued by Member Secretary of the District Administrative Committee.

2. It has been contended that the Member Secretary, District Administrative Committee could not have passed such an order of suspension as the charges levelled against the petitioner do not warrant major penalty as the charges relate to the absence from duty and not taking interest in recovery proceedings. The suspension order has been passed in contemplation of an inquiry.

3. It is the settled law that a suspension order is not a punishment order but it does have a tendency to place the employee concerned under undue financial hardship.

4. In response to the preliminary objection raised by Shri Sujeet Kumar Rai regarding the statutory remedy of appeal in Primary Agricultural Co-operative Credit Societies Centralized Service Rules, 1976 Sub-Rule 10 of Rule 8 (1), the counsel for petitioner has submitted that under Rule 30 the State Cadre Authority can frame regulations

















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