Sudhir Agarwal - (1.) -The petitioners eight in numbers have approached this Court by means of the present writ petition under Article 226 of the Constitution of India, assailing the orders dated 13.1.2005, and 23.2.2005 placing the petitioners under suspension in a contemplated enquiry.
(2.) ALL the petitioners are working as Secretaries in various Primary Agriculture Credit Co-operative Societies. Their service conditions are governed by the U. P. Primary Agriculture Credit Co-operative Societies, Centralized Service Rules. 1976 (hereinafter referred to as 1976 Rules) and U. P. Primary Agriculture Credit Co-operative Societies Centralized Service Regulations, 1978 (hereinafter referred to as 1978 Regulations). The petitioners claim that they were not paid salary since November, 2002, causing serious financial crisis and difficulty to them for managing their affairs and family liabilities. They approached the higher authorities time and again, but the same was not attended at all. Thereafter, the Union of Secretaries of Primary Agriculture Credit Cooperative Societies resolved to proceed on strike w.e.f. 7.1.2005 to press their demand including payment of salary and ultimately they went on strike. ALL the petitioners claimed to be the office-bearers of their Union and it is averred that the higher authorities got annoyed from the petitioners strike which they had resorted to press their demand with respect to payment of salary, and in furtherance of annoyance, the respondent No. 4 issued a circular dated 11.1.2005, notifying that since the elections of Co-operative Societies are to be held on 16/17.1.2005, therefore, all the Secretaries, In-charge, Directors, and other employees of various Co-operative Societies are to ensure their presence for smooth conduct of election and ensure working of the office on 15/16/17.1.2005. The Government declared strike illegal under Section 3 (1) of Maintenance of Essential Service Act, 1966. The Assistant District Registrar Co-operative Societies, Ghazipur, also issued notice dated 11.1.2005 to the petitioners stating that they have withdrawn salary directly from cash book in the month of October and November, 2004, although the salary could have been received from the Management's Expense Account after sanction of salary bill by the Chairman, but in an illegal manner it was withdrawn from the funds of the Cooperative Societies. Consequently, the petitioners were directed to refund and deposit the entire amount in bank within a period of three days from the date of the receipt of letter dated 11.1.2005 and to ensure receipt of salary only from the Management's Expense Account. It also said that in case of non-deposit of the amount, illegally withdrawn by the petitioners, action in accordance with Rules shall be taken against the petitioners It is, further stated by the petitioners that they had drawn salary after preparing pay bills and after having resolutions passed by the concerned Committee of Management. There was no irregularity on the part of the petitioners in withdrawal of the aforesaid amount towards their salary and hence there was no occasion for the petitioners to refund the aforesaid amount. The petitioners submitted their reply vide representation dated 25.1.2005, explaining the aforesaid facts to the District Assistant Registrar, Co-operative Societies, Ghazipur.
(3.) HOWEVER, by means of the impugned orders dated 13.1.2005 and 23.2.2005 all the petitioners have been placed under suspension therefore, the present writ petition has been filed. A counter-affidavit has been filed on behalf of respondent Nos. 2 and 3 wherein it has been stated that prior to the 11th Amendment of 1976 Rules, published on 4.6.2003, the Secretary of the Primary Agriculture Credit Co-operative Society was entitled to draw salary from the bank but under the aforesaid amendment, it was provided that the salary shall be paid by the Society where such Secretary is posted. By 12th Amendment of 1976 Rules, published on 30.6.2004, it has also been provided that the post of Secretary of Primary Agriculture Co-operative Credit Society is not transferable. In order to make provision for payment of salary to the Secretary each Primary Society has to maintain a separate account under the head of "Prabandh Evam Vikas Nidhi" in each District Co-operative Bank and a prescribed amount would be deposited by the concerned Society in the aforesaid account towards margin money for managerial expenditure. The Secretary of the said Society is liable to be paid his salary from the aforesaid account only and that too by depositing his salary cheque in the concerned branch of the District Co-operative Bank. Under no circumstance a Secretary is entitled or permitted to withdraw salary directly from the funds of the society and to adjust the same towards his wages. In the present case, all the petitioners resorted to this illegal and unauthorized procedure by withdrawing their salary in cash directly from the funds of the Society itself, which was not permissible, and therefore, they were required to deposit the aforesaid amount. Since the petitioners defied and disobeyed the orders of the superior authority and also were guilty of wrongful withdrawal and retention of Society funds, hence, in contemplation of disciplinary enquiry, the petitioners have been placed under suspension by the District Administrative Committee, i.e., District Magistrate, Ghazipur, who was holding the office of the Administrator of the Society and therefore, was entitled to discharge functions of the Committee of the Management of the Society.;