A. K. Mathur, J. - (1.) The only short question involved in the matter is whether the respondent has power to keep the incumbent under suspension beyond a period of 90 days and to the maximum period of six months.
(2.) The petitioner is employee of the Pali Central Co-operative Bank Ltd. The petitioner was placed under suspension on 3rd July, 1985 by the Managing Director by order dated 3rd July, 1985 (Ex-Pp/1) on account of certain delinquencies. According to Rule 18 of the Primary Agricultural Credit Co-operative Societies 'Managers' Selection, Appointment and Service Rules, 1977 (hereinafter referred as the Rules of 1977) the petitioner cannot be kept under suspension by the Managing Director beyond a period of 90 days. The petitioner was placed under suspension on 3rd July, 1985 and he could ultimately be kept under suspension till 3rd October, 1985. Rule 18 of the Rules of 1977 further provides that the period of suspension can be extended to the extent of six months by the President/ Chairman or the Administrator. Mr. Mehta has pointed out that the period of suspension has been further extended by the Chairman with effect from 1st November, 1985. Mr. Chaudhary learned counsel for the petitioner submits that the 90 days period has expired on 3rd October, 1985 and no sanction can be granted from retrospective date from Ist November, 1985. During the intervening period from 4th October, 1985 to 31st October, 1985 there is no order subsisting against the petitioner. Once the 90 days period expired on 3rd October, 1985 and no order has been passed before expiry of that period then this kind of retrospective order of suspension cannot be passed specially when there was no order of suspension subsisting from 4th October, 1985 to 31st October, 1985. Once the earlier order of suspension has already expired and same was not subsisting such kind of retrospective order extending the period of suspension cannot be passed by the Chairman. Thus, in the facts and circumstances of the case the petitioner's order of suspension Ex. P/1 will be deemed to be valid upto 3rd October, 1985 the petitioner shall be entitled to all benefits.
(3.) With these observations the writ petition stands disposed of . Order accordingly.;