D. P. S. Chauhan, J. - (1.) PETITIONER, who was taken on deputation by the District Cooperative Bank, Deoria (for brevity hereinafter referred to as 'the Bank') was reverted back to this parent employer during the currency of deputation period under the order of the Secretary/General Manager of the Bank dated 19-2-1990. The present petition is directed against this order.
(2.) THE brief facts of the ease, as set out in the petition are : (a) That the Registrar, Cooperative Societies, U. P. issued a Circular No. C-180/Adhi/Supra/Cheque Pranali, dated April 11, 1988, addressed to all the District Asstt. Registrars, Cooperative Societies and all the Secretaries of the District Cooperative Banks in the State, advising for making appointments of additional staff in the Bank in connection with simplication of loan distribution system through process of cheque. This Circular, interalia, provided that ex tension/technical officers working in the Primary Agricultural Cooperative Credit Societies, may be appointed on deputation for a period of three years and such employees taken on deputation were made liable to be sent back even before expiry of period of deputation. For the purpose of selection for taking a person on deputation the Registrar constituted a Committee consisting of four persons. (b) Petitioner was extension/Technical officer working in the Primary Agricultural Cooperative Credit Society Ltd. Baitalpur (for brevity hereinafter referred to as 'Primary Agricultural Society'). THE Committee selected the petitioner on behalf of the Bank for taking him on deputation in the Bank on the post of Asstt. Clerk in group III. THE petitioner was appointed consequent upon the Resolution of the Committee of Management of the Bank no. 3 dated 30-6-1988 and he worked since thereafter in the various branches of the Bank, (c) THE secretary/General Manager of the Bank on 10-2-1990 passed an order reverting back the petitioner to this parent post, where he was having his llen, after cancellation of his deputation. In the counter affidavit, which has been filed on behalf of the Bank, It has been stated that the deputation of the petitioner with the Bank was cancelled, as it was determinable even before the completition by the Secretary/General Manager of the Bank find reverted back to this parent post through his order dated 19-2-1990, which was subsequently ratified by the Committee of Management under its Resolution no 12 (2) dated 30-?-1990. It has also been stated in the counter affidavit that there were serious complaints against the petitioner by the Branch Manager regarding his work and conduct, whereon the Executive Officer of the Bank, was deputed for making enquiry, who after making such enquiry submitted a report to the Secretary of the Bank on 14-2-1990 reporting following irregularities :- fa) As per the working of the Bank affiliated Samiti to be distributing the fertilizer to the farmers takes loan from the Bank for purchasing fertilizer and the said loan is granted to the' Samiti with the interest at higher rate of 13,5%. (b) The Samiti in turn issues cheque books to the members (farmers) for the purchase of fertilizer. The member has to issue cheques in the name of the Samiti and purchases fertilizers on credit basis for amount of cheque issued and the Samiti in turn submits the cheques to the Bank for adjustment and the concerned party (member) is debited. (c) The bank thereafter charges interest at a lower rate of interest at the rate 6.75% from the Samiti instead of 13.5% on the cheque issued by the farmers for the purchase of fertilizer. (d) That for the purpose of calculating interest the Bank has to adjust the cheque received by them from Samiti in their books and in the interest of Samiti the cheques are to be adjusted immediately to lower down the interest. On the basis of the said report of the enquiry officer the Secretary of the Bank passed the impugned order reverting back the petitioner from services of the Bank after cancelling his deputation. Heard the learned counsel for the petitioner and learned counsel for the respondents.
(3.) LEARNED counsel for petitioner made three fold submission. (i) Istly, it is the authority of the Registrar, Cooperative Societies, who is the competent authority in the matter, to revert the petitioner to his parent employer after cancelling his deputation with the Bank and no order having been passed by him, the impugned order is null and void. (ii) The authority of the Secretary/General Manager of the Bank was incompetent to cancel the petitioner's deputation with the Bank and to revert him to his original post and the impugned order having been passed by an authority not otherwise competent in the matter Is null void void, which could not have been ratified by the Committee of Management subsequently. (Ill) That the Impugned order dated 12-2-1990 having been passed on the basis of the inquiry conducted against the petitioner through its Executive Officer, in violation of principle of natural justice, being punitive in nature is illegal not having followed the requirements under sub-clause 5 of Regulation 85 of the U. P. Co-operative Societies Employees Service Regulations, 1975 (for brevity hereinafter referred to be the Service Regulations), So far at the first question is regarding authority of the Registrar, Cooperative Societies for cancelling the deputation of the petitioner with the Bank is concerned it has no substance. Under the Act, the Rules and the Service Regulations, the Registrar has not been conferred with any such authority. Under Rule 126 of the W. P. Co-operative Societes Rules, 1968 (hereinafter referred to as the 'Rules'), which is as extracted below :- "Notwithstanding the provisions of Rules 124 and 125, a co-operative society may request- (1) the Registrar or the State Government through the Registrar to land for a specific period to the society on deputation or free or on contribution basis the services of any Government servant to hold the office of the Secretary of the Society ; (ii) any central society to place the services of any of the employees on deputation with the co-operative society to hold the office of Secretary In the Society for specific period." The Registrar can make available a Government servant on deputation to a Cooperative Society for being appointed as the Secretary and In the other case, the Central Society can place its employee on deputation with another Cooperative Society for holding the office of the Secretary. In the present case the position is different. The petitioner is not a Government servant and was not given on deputation by the Registrar for being appointed as Secretary, in the Bank. Further, the Society, which has given the petitioner on deputation to the Bank, is not the central society and the deputation is not for the purpose of appointing him as Secretary in the Bank, Thus rule 126 of the Rules is not attracted.;