1 S.B.CIVIL WRIT PETITION NO.1940/2008 Bhanwarlal Salvi v. Chittorgarh Central Cooperative Bank Ltd. & Anr. Date of Order :: 15 th December, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Rajesh Joshi, for the petitioner. Mr. Sunil Beniwal, for the respondents. .... The petitioner, a Manager with Devgarh Large Agriculture Multi Purpose Cooperative Society, was placed under suspension under an order dated 19.1.2008, passed by the Chairman of the Cooperative Society aforesaid. The decision of the suspension was taken by the Executive Committee of the Cooperative Society in its meeting dated 19.1.2008. While assailing validity of the order of suspension the contention of counsel for the petitioner is that the Chairman of the society acted beyond the jurisdiction vested with him while placing the petitioner under suspension. It is asserted that as per condition No.35(kha)(8) of the Primary Agriculture Credit Cooperative Societies/Large Agriculture Multi Purpose Cooperative Societies Managers (Selection & Appointment) Service Conditions, 2003 (hereinafter referred to as “the service conditions of 2003”) the authority to place an 2 employee under suspension vests with a committee constituted as per the provisions of clause 35(kha)(2) of the service conditions of 2003. A reply to the writ petition has been filed on behalf of the respondent Cooperative Society stating therein that the petitioner is facing an inquiry under the service conditions of 2003 and, therefore, this Court is not required to interfere with the order of suspension. It is also urged that the Chairman of the Society passed the order placing the petitioner under suspension after a unanimous resolution of the Executive Committee. Heard counsel for the parties. Counsel for the respondents failed to point out any power with the Executive Committee to place an employee under suspension. As a matter of fact the bye-laws of the society are not available with counsel for the parties. However, applicability of the service conditions of 2003 upon the petitioner is admitted. Clause 35 of the service conditions of 2003 pertains to the disciplinary proceedings against an employee of the society. According to clause 35(kha) a committee consisting of Technical Assistant and the Assistant Executive Officer of the Bank to which the society is affiliated is required to be constituted to inquire into the allegations of misconduct. An incumbent 3 facing inquiry can be placed under suspension only on basis of the recommendation made by such committee. In the instant matter it is the position admitted that no such recommendation is made by the committee and, therefore, placement of the petitioner under suspension by the order impugned dated 19.1.2008 is apparently bad. Accordingly, this petition for writ is allowed. The order of suspension dated 19.1.2008 passed by the Chairman of Devgarh Large Agriculture Multi Purpose Cooperative Society is quashed. No order to costs. ( GOVIND MATHUR ),J. kkm/ps.