M. RAMA JOIS, J. ( 1 ) THE petitioner who was the secretary of vyavasaya seva sabakari sangha ltd , melukote pandavapura tq. , which is a co-operative society functioning under the Provisions of the Karnataka Co-Operative Societies Act, 1959 (hereinafter referred to as the act) has questioned the legality of an order made by the society, placing him under suspension pending enquiry against him. ( 2 ) THE petfrtonet contends that the society had no authority to place him under suspension, as it is governed by the Provisions of s. 128 aof the act and Rule 17-c of the Karnataka Co-Operative Societies Rules, 1960, according to which the common cadre authority constituted for the concerned district alone is competent to place the secretaries of the societies governed by these Provisions, under suspension and to institute disciplinary proceedings against them. Sub sections (1) and (2) of s. 128a of the act which is relevant for the purpose of this case reads as follows : (1) the state government may constitute an authority or authorities in such manner as may be prescribed, for the recruitment, training and disciplinary control of the prescribed classes of employees of the prescribed co-operative societies to which the state government has given financial aid by way of subscription to its share capital or otherwise and may require such authority or authorities to frame regulations regarding recruitment, emoluments, terms and conditions of service, including disciplinary control of such employees. 2) the regulations framed under sub-section (1) shall be subject to the previous approval of the state government and shall after such approval be poblisbed by notification in the official gazette and shall save as otherwise provided there is take effect from the date of such application. "rule 17c of the rules which is applicable to the societies governed by Section 128 of the act reads as follows :" 17c authority for recruit ntent, training etc. , of employees of the primary agricultural credit co-operative societies 1) notwithstanding anything in Rule 17a the state government may constitute an authority for each district consisting of the following persons for the recruitment, training and disciplinary control of the secretaries of all primary agricultural credit co-operative societiesin the district, namely : i) deputy registrar of co-operative societies of. The district. . . . . . chairman. Ii) president of the district co-operative central bank. . . . . . . . The district. . . . . . chairman. Ii) president of the district co-operative central bank. . . . . . . . . Member. . . ,. :. ,,. . . Iii) one representative of lead bank or the representative of any other major financing bank jo the district to be dominated by the registrar of co-opsrutive societies. . . . . Member. Iv) president of the district co-operative union, of the district. V) two presidents of the primary agricultural credit-co-operative societies in the district to be nominated by the regist.- rar co-operative societies every year by rotation. . . . . . Member. Vi) secretary of the district co-operative central bink. "the state government in exercise of its power under s. 128 a read with Rule 17c of the rules has framed regulations regarding recruitment, emoluments terms and conditions of service including disciplinary control of the secretaries of primary agricultural credit co-operative societies of the district. These regulations have come into effect in respect of vlandya district with effect from 9-3-1979. The case of the petitioner is thaf on and aftei the date of commencement of these regulations it is only the common cadre authority which has the power to place the secretary of a society in which s. 128a and Rule 17c are applicable, under suspension and therefore the impugned order of suspension made by the society was without authority of law. ( 3 ) SRI. M. G. Satyanarayanamurthy learned counsel appearing for respondents-2 society did not dispute that the society is governed by s. 128 a read with role 17c of the rales he however submitted that the petitioner had not come within the purview of Rule 17c or the regulations, in view of the regulation 28 of the regulations which reads :"28 protection notwitbsranding anything contianed in the existing regulations and from the date of coming into force of the said regulations the secretary of p. A. C. S, is deemed to have come under the purview of the authority, provided he is duly qualified and his appointment is approved by the divisional joint registrar of c. S. Concerned. In case of others who do not possess the. Required qualifications and whose appointments have not been approved by the joint registrar of cs. Of the concerned division, cannot be treated as secretary of p. A. C. S. Coming under the purview of the authority. In case of others who do not possess the. Required qualifications and whose appointments have not been approved by the joint registrar of cs. Of the concerned division, cannot be treated as secretary of p. A. C. S. Coming under the purview of the authority. In such cases, they are to be treated as additional employees of p. A. O. S. In which they are working and theis scales of pay, allowances, terms of services etc. , shall be as determined by the deputy registrar of c. S. Of the concerned district. "he submitted that the petitioner did not possess the qualification prescribed for the post of secretary under Rule 17 of the rules sub Rule (2) of Rule 17 of the rules provides that for appintment to the post of secretary, one should possess the qualification of degree in arts or commerce or science and also a pass in the government technical examination as prescribed under the said rules. He further submitted that a secretary of a society governed by s. 128a who possesses the said qualifications and whose appointment is approved by the joint registrar of co-operative societies, alone, stands governed bv the regulations. ( 4 ) IN my view the contention urged for the society is sound. The language of the regulations 28 is clear. It is not the case of the petitioner that he possessed the qualification prescribed under Rule 17 of the rules or that his appointment was approved by the the joint registrar of co-operative societies. Therefore he is not governed by the regulations and consequently the common cadre authority had no power to place him under suspension and the 2nd respondent society alone is competent to place him under suspension and to take disciplinary proceedings against him because, he is the employee of the said society. ( 5 ) IF the petitioner is aggrieved by any action taken by the society, he has got a statutory remedy by way of raising a dispute under Section 70 of the act. For the reasons aforesaid i make the following order. ( 6 ) RULE discharged. Petition dismissed. No costs. --- *** --- .