D.P.S. Chauhan, J. - (1.) THE Petitioner is a member of the U.P. Primary Agricultural Cooperative Credit Societies Centralised Service created under Section 122 -A of the U.P. Cooperative Societies Act, 1965 and his services are governed by the rules, known as the U.P. Primary Agricultural Cooperative Credit Societies Centralised Service Rules, 1976, (for brevity, hereinafter referred to as "the Rules") and the U.P. Primary Agricultural Cooperative Credit Societies (Centralised Service) Regulations, 1978 framed there under (for brevity, hereinafter referred to as "the Regulations"). Petitioner while working as Secretary in Sadhan Sahkarak Samiti Limited, Upraura, was suspended, vide order dated 20 -12 -1991, by the Member Secretary, District Committee, constituted under the Rules. This order of suspension is the subject matter of challenge by means of this petition under Article 226 of the Constitution of India.
(2.) PETITIONER has been suspended by the Member Secretary, District Committee, in exercise of power under Clause (v) of Rule 14 of the Rules, which is as extracted below: 14. Powers and duties of the Member -Secretary of the District Committee -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 objection of the learned Counsel for the Petitioner is that the impugned order of suspension has been passed by the Member Secretary, District Committee, who himself is the District Assistant Registrar, Cooperative Societies, Allahabad, illegally and in an arbitrary manner. The aforesaid provision requires for obtaining prior concurrence from the Assistant Registrar before suspending a member of the Centralised Service, but, on the present case, no such prior concurrence has been obtained, and, as such, the order of suspension is bad on this score also. Further, the power of suspension of a member of Centralised Service, as contained under, Clause (v) of Rule 14 of the Rules is arbitrary, as, under Rule 13 of the Rules, the power of suspension is independently given to the Chairman of the District Committee without any rider, and, since the Member Secretary and Assistant Registrar are one and the same person, there can arise conflict in exercise of such power, and there may arise a situation where the Chairman of the District Committee is not interested in suspending the member, but the Member Secretary of the District Committee is interested in suspending the member of Centralised Service or vice verse Rule 13 of the Rules, which gives the power to the District Committee, and is made the appointing authority of the member of the Centralised Service, to exercise control and supervision over the member of the Centralised Service is, as existed originally, as under: 13. Powers and duties of the District Administrative Committee - - (1) The District Committee shall be the appointing authority of the member of the Centralised Service in the District and shall also have the following duties and responsibilities: (ii) To transfer the members from one place to another within the district; (iii) To ensure recovery of the contribution levied on the Society in the district; (iv) To classify the societies in the district in various categories according to their annual leading as provided in Rule 4; (v) To arrange absorption of the existing employees of the societies after their screening in accordance with the instructions issued by the Registrar, Cooperative Societies, U.P.; (vi) To evaluate the work of members of Centralised Service every year in the district; (vii) To maintain category -wise correct seniority list of the members of the Centralised Service; and (viii) To perform such other duties and functions as may be entrusted to it by the Authority or Regional Committee. (2) The meeting of the District Committee shall be called by the Member Secretary as and when he deems fit and upon a directing to this effect from the Chairman or the District Assistant Registrar. Such meeting shall be called at least once in 3 months. The quorum of the meeting shall be 3. (3) The Chairman, when present, shall preside over the meeting of the District Committee. He shall have power of suspending a member of the Centralised Service with the prior concurrence of Assistant Registrar.
(3.) THE Constitution of the District Committee, as existed originally, was as depicted below; (4) There shall be a District Administrative Committee In each district which shall consist of the following: (i) Chairman of the bank of District Ex -Officio Chairman (ii) District Assistant Registrar of the District Member (iii) A Block Development Officer nominated Member by the A.D.M. (P)/District Planning Officer of the District (iv) Chairman of a Society to be nominated Member by the Regional Deputy Registrar of the region (v) District Audit Officer Member (vi) Secretary/Managing Director of the Bank Member. There had been change in the constitution of the District Committee vide Notification No. 1639/12 -C -l -81 -UPA -II/1966/Rules (1976 AM (2)/198 dated 10 -6 -1981, and the constitution became as under: (i) District Assistant Registrar Ex Officio Chairman (ii) One nominee of Committee of Management Member of the District Cooperative Bank (iii) A Block Development Officer nominated Member by the A.D.M. (P)/District Planning Officer of the District (iv) Chairman of a Society to be nominated Member by the regional Deputy Registrar of the region (v) District Audit Officer Member (vi) Secretary/Managing Director of the Bank Member/Secretary Thereafter there had been again a change in the constitution of the District Committee vide Notification No. 3625/XII -C -1 -83 -7(23) -1978 dated 12 -9 -1987 and the constitution of the District Committee became as under: (i) Chairman/Administrator of the District Chairman ex -Officio Cooperative Bank (ii) District Asstt. Registrar Cooperative Member/Secretary Societies, Uttar Pradesh (iii) A Block Development Officer nominated Member by the ADM (P)/District Planning Officer of the District (iv) Chairman of a Society to be nominated Member by the Regional Deputy Registrar, Cooperative Societies, Uttar Pradesh of the region (v) District Audit Officer Member (vi) Secretary/Managing Director of the Member District Cooperative Bank. Now the District Assistant Registrar became member Secretary but there has been no change in Clause (v) of Rule 14 where under the power of the Member Secretary District Committee, was a power rendered with the condition of prior approval from Assistant Registrar but after the amendment in the constitution of District Committee vide Notification dated 12 -9 -1983 the District Assistant Registrar became the Member Secretary of the District Committee, but no consequential amendment was made in Clause (v) of Rule 14 and it has created an anomaly situation.;