Bachan Singh vs Additional Registrar (I), Co-operative Societies, Punjab

Mehtab S. Gill, J.—The petitioner has prayed for the issuance of a writ in the nature of Certiorari for quashing order dated 30.10.2000 (Annexure P3).

It has been averred in the petition that the petitioner was placed under suspension by the management of Tohra Co-operative Agricultural Service Society Limited (hereinafter referred to as the Society) on 25.11.1998. The Registrar, Co-operative Societies had framed Service Rules for the employee of Co-operative Agricultural Service Societies known as Punjab Slate Co- operative Agricultural Service Society Service Rules, 1997 (hereinafter referred to as Service Rules). Rule 13 deals with the suspension of employees. As per Rule 13, an employee can be kept under suspension for a period of not more than six months. The Society did not reinstate the petitioner although more than six months have passed. The petitioner filed a petition before the Deputy Registrar, Co-operative Societies, Patiala who accepted the petition of the petitioner and ordered his reinstatement vide order dated 16.3.2000 (Annexure P1). The Society challenged this order, Annexure P1, before the Joint Registrar, Co-operative Societies, Patiala Division, who upheld the order of the Deputy Registrar vide his order dated 12.6.2000 (Annexure P2). The respondent-Society then further challenged these orders, Annexure P1 and P2, by filing a revision petition u/s 69 of the Punjab Co-operative Societies Act, 1961 before the Registrar, Co-operative Societies, Punjab which was heard by the Additional Registrar (1), Co- operative Societies, Punjab, Chandigarh. He accepted the revision petition of the Society and set aside orders, Annexures P1 and P2 vide order dated 30.10.2000 (Annexure P3) which is under challenge.

We have heard counsel for the petitioner, perused the record and the annexures attached therewith.

The counsel for the petitioner has drawn our attention to Rule 13 of the Service Rules, 1997 which read as under :-"13. Suspension:

(i) The Committee may place under suspension an employee against whom disciplinary proceedings under these Rules are anticipated.

(ii) No employee in any case shall be kept under suspension for more than six months.

(iii) The Committee of a Society may, in exceptional circumstances, extend the suspension period with the prior approval of the Assistant Registrar.

(iv) An employee under suspension shall be paid a subsistence allowance equal to 50% of his salary."

Going through Rule 13, it is clear that sub-clause (iii) is an exception.

The petitioner had embezzled an amount of Rs. 83,143.52 belonging to the Society and this embezzlement was detected when a special Audit Report was submitted. Arbitration award under Sections 55 and 56 also went against the petitioner. Against this arbitration award, the petitioner filed an appeal which was dismissed. The learned counsel for the petitioner has conceded that after the registration of the First Information Report, the petitioner was kept in judicial custody for more than three months.

In the light of above discussion, we do not find any merit in this writ petition which is dismissed.

Petition dismissed.