SUNIL AMBWANI, J. - (1.) BY this writ petition, the petitioner has challenged the order dated 17 -7 -1990 passed by District Assistant Registrar, Co -operative Societies, U.P. Etawah suspending the petitioner and the order dated 17 -11 -1992 passed by the Deputy Registrar, Co -operative Societies and Chairman, Regional U.P. Provincial Co -operative Union, Kanpur Region, Kanpur terminating the services of the petitioner as Co -operative Supervisor. By an amendment, the petitioner has also challenged the decision of the State Administrative Committee on the appeal filed by the petitioner.
(2.) THE facts, giving rise to the instant petition, are given below: Petitioner was appointed as Co -operative Supervisor by the Deputy Registrar/Adhyaksha Kshetriya Committee Sahkari Sangh Pradhikari/P.C.U., Allahabad by order dated 20th June, 1978. It is submitted that the petitioner's services are regulated by the provisions contained in the U.P. Co -operative Societies Employees Service Regulations, 1975. By notification No. C/26/2 -12 -C -76, dated 13th February, 1976, the State Government recognised the U.P. Co -operative Union Limited, Lucknow as Co -operative Federation for the supervision of co -operative societies functioning within its jurisdiction and for supervising the Co -operative supervisors and Kamdars. The petitioner was transferred in September, 1985 posted as Suprevisor of Jasvantnagar Krya -Vikrya, Sahkari Samiti, Etawah and thereafter again, he was transferred on 30 -9 -1990 by Prabandh Nideshak/Sadasya Sachiv Sahkari Sangh Pradhikari P.C.U. Lucknow from Etawah to Fatehpur. By an order issued by the Assistant Registrar, Etawah dated 10 -7 -1990, the petitioner was placed under suspension on the allegations of certain financial irregularities. A charge -sheet dated 5 -12 -1990 was received by the petitioner on 27 -2 -1991. Petitioner filed a writ petition, being Civil Misc. Writ Petition No. 11111 of 1991, challenging the provisions of Sahkari Sangh Pradhikari (Viniyam), 1976 as ultra vires, null and void and beyond the authority contemplated under Section 123 of the Co -operative Societies Act, 1965 and also for a writ of mandamus commanding the respondent authorities to pay the petitioner's full salary and allowances. During the pendency of the writ petition, the petitioner was served with an order dated 17 -11 -1992 terminating his services in exercise of the powers envisaged under Co -operative Federal Authority (Business) Regulations, 1976. The petitioner has challenged both the orders (suspension as well as termination orders) by filing the writ petition. During the pendency of the writ petition, the appeal preferred by the preferred by the petitioner before the State Administrative Committee (Provincial Co -operative Union) was dismissed on the ground of delay. The appeal was found to have been received in the that office of appellate authority on 18 -6 -1993 and the appellate authority in its State Level Administrative Committee dated 15 -4 -1994 resolved not to consider the appeal on merits as it was filed beyond the period prescribed for filing the appeal. By an amendment application, the petitioner challenged the order in appeal. The application was allowed on 7 -9 -1999 and the amendment has been carried out.
(3.) I have heard Sri H.N. Singh, learned Counsel for the petitioner and Sri Triloki Nath, learned Counsel for the respondents.;