S.C. Mathur, J. - (1.) This petition is directed against order of suspension from service, dated 21.6.1989, Annexure I, passed by the Member- Secretary of the District Administrative Committee, U.P. Primary Agricultural Co-operative Credit Societies Centralised Services, Lucknow. The order is challenged on the ground that it is without the approval of the Assistant Registrar and the Chairman of the District Administrative Committee and is therefore violative of Rule 14(v) of the U.P. Primary Agricultural Cooperative Credit Societies Centralised Service Rules, 1976, for short 1976 Rules.
(2.) It is not disputed that under the aforesaid Rule, Member-Secretary is competent to suspend the petitioner. That provision however requires prior concurrence of the "Assistant Registrar". The petitioner admits that the Member-Secretary is District Assistant Registrar but his learned counsel submits that he cannot be treated to be "Assistant Registrar". For making the submission he relies upon Section 3(2) of the U.P. Co-operative Societies Act, for short Act and Rule 2 (e) of the U.P. Co- operative Societies Rules, 1968, for short 1968 Rules. Rule 14 (v) of the 1976 Rules reads as follows: "14. Subject to the control and supervision of the Chairman of the District Committee, the Member-Secretary of the District Committee shall(v) ................ have power of suspending a member of the Centralised Service with the prior concurrence of Assistant Registrar". The term Assistant Registrar has not been defined in 1976 Rules but has been defined in Rule 2(e) of the 1968 Rules as follows: "(e) 'Assistant Registrar' means a person appointed as Assistant Registrar under sub-section (2) of Section 3 and 'District Assistant Registrar' means an Assistant Registrar appointed to hold charge of Co-operative activities of a district". Section 3 (1) of the Act empowers the State Government to "appoint a person to be the Registrar of Co-operative Societies for the State", sub-section (2) provides as follows: "The State Government may, for the purposes of this Act, also appoint other persons to assist the Registrar and by general or special order confer on any such person all or any of the powers of the Registrar". It is under the above provision that the State Government appoints Assistant Registrars.
(3.) Under Rule 2 (e) of 1968 Rules, six District Assistant Registrar is appointed from amongst the Assistant Registrars appointed under Section 3(2). This is apparent from the expression "District Assistant Registrar means an Assistant Registrar" used in Rule 2(e). It is not disputed that the Member Secretary who passed the impugned order is District Assistant Registrar. He is therefore Assistant Registrar also for the purposes of Rule 2(e). The term "District" has no special significance. It only denotes the area of his jurisdiction. It extends over the entire district, of course, it is confined to co-operative activities. It is not the petitioner's case that the Member-Secretary who passed the impugned order has not been appointed Assistant Registrar under Section 3(2). His appointment as District Assistant Registrar does not have the effect of nullifying his appointment as "Assistant Registrar". Rather it is by virtue of his appointment as "Assistant Registrar" that he is appointed "District Assistant Registrar".;