A.K. Sen, J. - (1.) The Petitioner in this Rule is an Inspector of Co -operative Societies. Since May 29, 1969, it is not in dispute that the post of an Inspector of Co -operative Societies has been declared to be a Class II gazetted officer's post with the necessary status and privileges thereof. The Government notification dated May 29, 1969, in conferring the aforesaid status on these Inspectors of Co -operative Societies further provided by delegation of authority that such Inspectors may be appointed by the Registrar of Cooperative Societies who may not only exercise the authority of appointment but also the authority of sanctioning leave in respect of such officers.
(2.) In this Rule, the Petitioner is disputing the jurisdiction of the Registrar of Co -operative Societies in suspending him from service by an order dated June 29, 1973 and in initiating a disciplinary proceeding under Rule 10 of the West Bengal Services (Classification, Control and Appeal) Rules, 1971, on a charge -sheet dated June 29, 1973. The Petitioner was charged with misconduct on the allegation of insubordination and defiance of lawful orders made by the superior authorities.
(3.) The Rule is being contested by the Respondents though no affidavit has been filed. The learned Counsel for the Respondents has conceded before me and in my opinion, very rightly under the Rules that the Registrar of Co -operative Societies had not the authority under the Rules to either issue the charge -sheet or initiate the disciplinary enquiry. Under Rule 9 of the Rules, as aforesaid, the competent disciplinary authority in respect of the Petitioner is the Governor and as such, the Registrar could not have initiated the disciplinary proceeding. On the concession so made, this Rule naturally succeeds in part and the disciplinary proceeding as initiated on the charge -sheet dated June 29,1973 and including the same must and is hereby set aside.;