Rajendra Kumar Vishnoi S/o Shri Mohan Lal v. State of Rajasthan
2016-11-04
SANGEET LODHA
body2016
DigiLaw.ai
JUDGMENT : Mr. Sangeet Lodha, J. 1. By way of this writ petition, the petitioner has questioned the legality of the resolution adopted by the Executive Committee of the respondent-Char Ki Abadi Gram Sewa Sahkari Samiti Limited (‘the Society’), canceling the order issued revoking the suspension of the petitioner as also the order dated 31.7.14 issued pursuant thereto by the Loan Supervisor, the Central Cooperative Bank Limited, Bikaner, Branch Bajju. 2. The petitioner was appointed on the post of Assistant Manager by the respondent-Society vide order dated 15.6.05. Later, the petitioner’s services were regularised on the post of Chief Executive Assistant Manager vide order dated 26.5.10. The petitioner was placed under suspension vide order dated 28.7.14, however, he was taken back on duty vide order dated 29.7.14 issued by the Chairperson of the Society. The revocation of suspension was approved by the Executive Committee of the Society by adopting a resolution in its meeting held on 30.7.14. But then, again by a resolution adopted in a meeting of the Executive Committee of the Society held on 31.7.14, the order revoking the suspension was cancelled and pursuant thereto, vide order dated 31.7.14 issued by the Loan Supervisor, Central Cooperative Bank Limited, Bikaner, Branch-Bajju, the petitioner was directed to hand over the charge to the Manager, Bhaluri Gram Sewa Sahkari Samiti Limited, Bhaluri. Hence, this petition. 3. On 8.8.14 while issuing notices to the respondents, a coordinate Bench of this court passed an interim order in favour of the petitioner in the following terms: “In the meanwhile, the operation of the impugned order/resolution Annexure-5 dated 31.07.2014 shall remain stayed and the petitioner shall be allowed to resume his duties as the Manager of the respondent No. 5-Char Ki Abadi, Gram-Seva Co-operative Society Ltd., Char Ki Abadi, Char Ki Abadi, Tehsil-Kolayat, District Bikaner.” 4. The respondent-State has filed the reply to the petition taking the stand that the action is taken against the petitioner by the respondent-Society and the matter is not related to the Central Cooperative Bank Limited, Bikaner and the State Government. 5. No reply to the writ petition has been filed on behalf of the respondent-Society.
The respondent-State has filed the reply to the petition taking the stand that the action is taken against the petitioner by the respondent-Society and the matter is not related to the Central Cooperative Bank Limited, Bikaner and the State Government. 5. No reply to the writ petition has been filed on behalf of the respondent-Society. However, learned counsel appearing for the respondent no.5 submits that no disciplinary action has been initiated against the petitioner by the respondent-Society till this date and therefore, the suspension order which has been stayed by this court may be quashed, but the respondent-Society may be given liberty to take disciplinary action against the petitioner, if so advised. 6. Keeping in view of the fact that no disciplinary action is contemplated against the petitioner till this date, there is no reason as to why the decision of the respondent-Society in canceling the order revoking the suspension of the petitioner, the effect and operation whereof was stayed by this court way back on 8.8.14, should be allowed to stand. 7. In the result, the petition succeeds, it is hereby allowed. The resolution adopted by the Management Committee of the respondent-Society in its meeting held on 31.7.14, canceling the order revoking the suspension of the petitioner and pursuant thereto, the order dated 31.7.14 issued by the Loan Supervisor, Central Cooperative Bank Limited, Bikaner, Branch-Bajju, are quashed. The respondent-Society, if so advised, shall be at liberty to take the disciplinary action against the petitioner for the misconduct, if any, committed by him. No order as to costs.