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Rajasthan High Court · body

2009 DIGILAW 22 (RAJ)

Sajjan Singh v. The Central Cooperative Bank Ltd. , Pali

2009-01-06

GOVIND MATHUR

body2009
JUDGMENT 1. - The Executive Officer, Pali Central Cooperative Bank Ltd. placed the petitioner under suspension while exercising powers under Condition No.36 of the Prathmik Krishi Rindatri Sehkari Samitiyon/Vrahat Krishi Bahuuddeshiya Sehkari Samitiyon Ke Vyasthapakon Ke Chayan, Niyukti Va Sewa Sharte, 2003 (hereinafter referred to as "the Conditions of 2003"). While challenging the same, it is contended by counsel for the petitioner that the order impugned is bad being in violation of the mandatory condition precedents required to place an incumbent under suspension as prescribed under conditions No.35 and 36 of the Conditions of 2003.While supporting the order of suspension, it is contended by counsel for the respondents that the Bank is having power to place a Manager under suspension as per condition No.36 of the Conditions of 2003, however, it is admitted by counsel for the petitioner that as per condition No.35 of the Conditions of 2003 a Manager of a cooperative society cannot be kept under suspension for a period of more than 180 days otherwise than to a recommendation by the committee inquiring the allegations of misconduct and in the instant matter a period of 180 days from the date of suspension has already been passed and there is no recommendation by the inquiring committee to continue the petitioner under suspension. In view of the factual position stated above and in view of the condition No.35 of the conditions of 2003, the respondents are required to revoke suspension of the petitioner. 2. Accordingly, this petition for writ is disposed of with a direction to the respondents to revoke suspension of the petitioner forthwith. No order to costs.Petition Disposed of as above. *******