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VIVEK JAIN
Ram Vishal Pateriya – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petition has been filed challenging the suspension order Annexure P/9 dated 13.6.2024, alleged to be issued under instructions of the Registrar, Cooperative societies of Madhya Pradesh, vide Annexure P-8 dated 12.6.2024. The petitioner is working on the substantive post of Manager (Accounts), in District Central Cooperative Bank, Chhatarpur (hereinafter referred to as “Bank”).
2. Learned counsel for the petitioner submits that the order Annxure P/9 has been passed in colourable exercise of powers because the order though is signed by the CEO of the Bank under authority of the Staff SubCommittee, but from perusal of the letter Annexure P-8 it is evident that the Registrar, Cooperative Societies has issued instructions for the same and thus, the order has been issued under instructions and dictate of a third authority.
3. The learned counsel further submitted that the matter alleged against the petitioner relates to irregularities in appointment of Society Managers, however, the said ground is not made out for the reason that the Society Managers who were recruited in the process in which irregularity is alleged, have already been granted stay by this Court in vario
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.
The court affirmed that suspension under Section 59 of the Act is a procedural measure pending inquiry, requiring the authority to apply its mind to the facts and evidence.
Indefinite suspension of an employee without necessity is unjust; timely initiation of disciplinary proceedings is essential.
Point of Law : Rule 198(6) of the KCS Rules, it is perspicuous that such an order could not have been issued because a Society can continue an employee under suspension for more than a year, only wit....
The main legal point established in the judgment is that the invocation of power under Section 76-A of the Tamil Nadu Cooperative Societies Act, 1983 is intended to preserve evidence during inquiry o....
The power to suspend the President of a Co-Operative Society under Section 76-A of the Act is to be exercised rarely, cautiously, and under exceptional circumstances, and elected officials are expect....
The power of the Registrar to dissolve the Board of a society under Section 78(1) of the Manipur Co-operative Societies Act 1976 includes the authority to remove the Board, and compliance with the pr....
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