JUDGMENT :

Ashwani Kumar Mishra,J.

1. Petitioner is a substantively appointed Cadre Secretary and is a member of the Cadre created under 'The Uttar Pradesh Primary Agricultural Cooperative Credit Societies Centralised Service Rules, 1976'. He is aggrieved by an order of suspension dated 26.10.2020 passed by the Member Secretary of the District Administrative Committee and Assistant Commissioner cum Assistant Registrar Cooperative Ghazipur. Order impugned records that upon an inspection carried out the inspector has found shortage of 551.49 quintals of wheat and thereby has caused financial loss to the tune of Rs. 11 lakhs to the Society concerned. The charge of officiating secretary has been given to one Vijendra Pandey. A disciplinary inquiry has been initiated with the appointment of an inquiry officer.

2. The order impugned is assailed on the ground of jurisdiction inasmuch as the authority competent to initiate disciplinary proceedings is the District Administrative Committee whereas power of suspension is with the Member Secretary with prior approval of the District Assistant Registrar.

3. Reliance is placed upon a Full Bench judgment of this Court in the case of Ram Chandra Pandey Vs. District Administrative Committee U.P. Primary Agricultural Cooperative Societies Centralised Service, Bahraich through its Member Secretary, 1997 (3) UPLBEC,1747. Learned counsel has further placed reliance upon a judgment of this Court in Writ Petition No. 4725 of 2019 (Rajendra Nath Singh Vs. State of U.P. and others).

4. Per contra, Sri D.P. Singh, learned counsel for the respondents submits that the order of suspension and initiation of disciplinary inquiry has subsequently been ratified by the District Administrative Committee in its meeting held on 25.1.2020. Reliance is placed upon a Division Bench judgment of this Court in Special Appeal No. 46 of 2006 and also a judgment in Writ Petition No. 11643 of 2019 (Shiv Bahadur Singh Vs. State of U.P. and others). It is urged by Sri Singh that the decision of the Member Secretary has since been rectified by the District Administrative Committee as such the exercise of jurisdiction by the Member Secretary would be treated to be in pursuance of a valid authorisation made by the competent authority i.e. District Administrative Committee. Reliance is also placed upon a judgment of Supreme Court in the case of National Institute of Technology and another Vs. Pannalal Choudhary and another, 2015 AIR (SC) 2846 to support the plea of ratification.

5. I have heard learned counsel for the parties and have perused the materials on record.

6. The order of suspension records that serious allegations of financial embezzlement exists against the petitioner in respect of which a disciplinary inquiry is initiated and Addl. District Cooperative Officer, Jakhonia has been appointed as inquiry officer. It is this decision which is subsequently rectified by the District Administrative Committee on 25.1.2020.

7. Sri S.K. Rai, learned counsel for the petitioner also raises an objection to the resolution of the District Administrative Committee and submits that the ratification is only to the order of suspension but there is no independent decision by the District Administrative Committee to initiate disciplinary action against the petitioner and, therefore, the ratification would not amount to a valid authorisation by District Administrative Committee to initiate disciplinary action against the petitioner.

8. Before examining the respective pleas of the counsel for the parties, it would be appropriate to notice relevant the statutory provisions in light of which the issue needs to be examined.

9. Petitioner is an employee of the Cooperative Society which is a registered society under the 'U.P. Cooperative Societies Act, 1965'. Sections 122 and 122-A of the Act of 1967 provides for the State Government to constitute an authority for controlling the employees of a class of a Cooperative Society and also for creation of one