The court quashed the order suspending the petitioner as Administrator of a cooperative society. The suspension was based on the petitioner preventing an employee from joining, which the court found was mandated by a prior interim order.
The order dated 21.6.2001 placing the petitioner under suspension is quashed.
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S.B. CIVIL WRIT PETITION NO. 2466/2001
Santokh Singh Vs. State of Raj. & Ors. DATE OF ORDER :: 2.4.2007
HON'BLE MR. GOVIND MATHUR, J.
Mr. K.K. Bissa, for the petitioner. Mr. Basti Chand, for the respondents.
By the order dated 21.6.2001 passed by the Administrator, Sri Karanpur Kraya Vikraya Sahakari Samiti Ltd. the petitioner was placed under suspension in view of oral instructions given by the Joint Registrar, Cooperative Societies and Dy. Registrar, Cooperative Societies, Sriganganagar. The order of suspension was passed for the reason that the petitioner did not permit one Sh. Raj Kumar Sethi to resume duties in the capacity of Class-IV employee.
The contention of counsel for the petitioner is that in view of an interim order order passed by this Court on 8.6.2001 in S.B. Civil Writ Petition No.2228/2001 the petitioner was under obligation for not permitting aforesaid Sh. Raj Kumar Sethi to join duties.
It is relevant to note here that the Joint Registrar, Cooperative Societies, Bikaner under an order dated 19.5.2001 directed the Administrator and General Manager of Sri Karanpur Kraya Vikraya Sahakari Samiti Ltd. to employ Sh. Rajkumar Sethi as Class IV employee forthwith. Being aggrieved by the order dated 19.5.2001 Sri Karanpur Kraya
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Vikraya Sahakari Samiti Ltd. preferred a writ petition before this Court (SBCivil Writ Petition No.2228/2001) and in the writ petition aforesaid the interim order dated 8.6.2001 was passed.
In light of the interim order dated 8.6.2001 the petitioner rightly not permitted Sh. Rajkumar Sethi to resume duties and, as such, that could not be a reason to place the petitioner under suspension.
Accordingly, this petition for writ is allowed. The order impugned dated 21.6.2001 placing the petitioner under suspension is quashed. No order as to cost.
(GOVIND MATHUR),J.
J.Goyal
2 issues framed by the court
Whether the suspension of the petitioner was lawful considering the interim order preventing an employee from resuming duties.
Whether the reasons cited for suspension were sufficient in light of prior court orders.
1 provisions across 1 enactments
Santokh Singh
State of Rajasthan
Sri Karanpur Kraya Vikraya Sahakari Samiti Ltd.
GOVIND MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
