Suneet Kumar, J. - (1.)Heard Sri H.R. Mishra, learned Senior Counsel appearing for the petitioner and Sri Ajit Singh, learned Additional Advocate General for the State-respondents.
(2.)Petitioner, a Assistant Commissioner & Assistant Registrar, (Agriculture), Cooperative Societies, Varanasi Mandal, Varanasi, is assailing the impugned suspension order dated 4 August 2019 passed by the first respondent, Secretary, Cooperative, Government of U.P., Lucknow.
(3.)The allegation against the petitioner, inter-alia, is based on a preliminary enquiry report dated 3 August 2019, pertaining to Adarsh Krishi Sahkari Samiti, Umbha, District Sonbhadra (for short " the Adarsh Society"). The report in so far it relates to the petitioner primarily records that petitioner had not followed the mandatory provisions in the discharge of his duty under the Uttar Pradesh Cooperative Societies Act, 1965 (for short "Act, 1965"). Consequently, petitioner was placed under suspension pending contemplation of enquiry. The respondents have filed counter affidavit and supplementary counter affidavit bringing on record the charge sheet dated 16 September 2019, leveling three charges. First charge alleges that a society under the Act, 1965 can be constituted by the farmers by pooling their land, but in the instant case, the Adarsh Society was constituted against the provisions of Section 77-A. The matter pertaining to cancellation of registration of the Adarsh Society is pending before the Deputy Registrar, Cooperative Society, Vindhyachal Division, Mirzapur, and the Assistant Registrar Cooperative Society, Sonbhadra. The fact finding enquiry posed a question to the petitioner as to whether he had ever conducted any inspection/enquiry against the society, but the petitioner did not reply nor any inspection and/or enquiry in terms of Section 66 of the Act, 1965 was constituted/conducted against the Adarsh society. The second charge against the petitioner is that no audit was conducted against the society in terms of Rule 367 of the U.P. Cooperative Societies Rules, 1968, nor any attempt to that effect was made by the delinquent officer. The third charge against the petitioner is that the election to the society is to be held every five years under the Uttar Pradesh State Cooperative Societies Election Rules, 2014, in the presence of an observer appointed by the office of the District Magistrate/District Cooperative Election Commissioner, however, no such election was conducted.