- (1.) The petitioner has sought quashing of show cause notice dated 10.10.2005, Annexure P-13, on the basis of interpretation of the Haryana State Supply & Marketing Cooperative Service (Common Cadre) Rules, 1988 in Annexure P-11 dated 07.10.2005.
(2.) The petitioner was appointed on 03.05.1971 as Accountant Grade 'B' on ad hoc basis with the Haryana State Cooperative Supply & Marketing Federation Limited (hereinafter to be referred as 'HAFED'). He was appointed on regular basis as Accountant Grade 'A' w.e.f. 5.5.1972. The post of Accountant Grade 'A' is now re-designated as Section Officer. The petitioner was promoted as Accounts Officer w.e.f. 2.7.1976. The petitioner being senior-most Deputy Controller (Cash and Banking) in the HAFED and was posted as Chief Accounts Officer in his own pay scale. The petitioner was subsequently posted as Chief Audit Officer vide order dated 02.02.2000. The post of Chief Audit Officer and Chief Accounts Officer is equal in ranking and, therefore, inter se swapping does not affect the status of the petitioner. The petitioner was given additional charge of General Manager (Commercial) by assigning the duty of Commercial Division on 17.07.2001. The assignment of such duty was in addition to the duty of Chief Audit Officer.
(3.) The Haryana State Supply & Marketing Cooperative Service (Common Cadre) Rules, 1988 (hereinafter to be referred as 'the Rules') govern the conditions of service and promotion. Such Rules were amended in the year 2004 wherein promotion channel of various categories were reconstructed. As per restructured Rules, the post of Deputy Controller (Cash and Banking) has been designated as Deputy General Manager (Finance and Accounts). The promotion from the post of Deputy General Manager {earlier Deputy Controller (Cash and Banking)} is to the post of Additional General Manager (Finance and Accounts) (earlier Chief Accounts Officer or Chief Audit Officer) though the minimum qualification prescribed for other than direct recruitment is 'Deputy General Manager (Finance and Accounts) with CA/ICWA/MBA (Finance) etc' as per Schedule to the Rules. A note was appended to the Schedule amending the Rules to the effect that the qualifications for promotional posts of each category of all Divisions will remain same as contained in the Rules for the employees already in service.;