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2021 Supreme(All) 1387

ASHWANI KUMAR MISHRA
Narendra Pratap Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sujeet Kumar Rai
For the Respondent: C.S.C.,D P Singh, D.P.Singh

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 Pande

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