HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION Nos.26277 & 21825 OF 2010 COMMON ORDER: Both the writ petitions are inter-related. Hence, they are disposed of through a common order. 2. For the sake of convenience, the parties are referred to as arrayed in Writ Petition No.26277 of 2010. 3. Petitioner was functioning as Secretary of G.Kothapalli Primary Agricultural Cooperative Credit Society, the 2nd respondent herein. Through order dated 25-03-2009, the 2nd respondent placed the petitioner under suspension on the allegations of misconduct. A Sub-Committee was appointed to enquire into the allegations, and based on the report submitted by the Sub-committee, the Managing Committee of the Society passed a resolution on 21-08-2009 taking the view that the matter be placed before the District Level Committee, comprising of the District Collector, District Cooperative Officer, the 4th respondent herein and the Chairman of the District Cooperative Central Bank Limited, the 1st respondent herein. The 4th respondent, however, has entrusted the matter to the Divisional Cooperative Officer, the 3rd respondent herein, for further enquiry. After enquiring into the matter, the 3rd respondent passed an order dated 20-03-2010, imposing punishment of withholding one increment and directing reinstatement of the petitioner. 4. The Society, 2nd respondent, filed W.P. No.21825 of 2010 challenging the order dated 20-03-2010 passed by the 3rd respondent. 5. The 4th respondent passed an order dated 26-03-2010, directing that the services of the petitioner be placed at the disposal of the 1st respondent. For implementation of the said order, petitioner filed W.P. No.26277 of 2010. 6. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 7. Petitioner is basically an employee of the 2nd respondent. Disciplinary proceedings were initiated against him. The relevant rules provide that in the matter of imposition of the punishment, the matter must be placed before the District Level Committee. Accordingly, the Managing Committee of the Society, 2nd respondent, passed resolution on 21-08-2009, requesting the 4th respondent to place the matter before the District Level Committee. Instead of doing that, he referred to matter to the 3rd respondent, who does not figure anywhere in the scheme. The 3rd respondent passed an order imposing punishment of stoppage of one increment. The order passed by the 3rd respondent is totally without jurisdiction. Therefore, Writ Petition No.21825 of 2010 is allowed and the order impugned therein, is set aside. 8. The 4th respondent passed an order dated 26-03-2010, placing the services of the petitioner at the disposal of the 1st respondent Bank. Even this, is untenable for two reasons. Firstly, the petitioner is facing disciplinary proceedings and they are yet to be concluded by the competent authority. Secondly, the orders of transfer, if at all, are to be passed by the Committee and not by one of its members. 9. Hence, Writ Petition No.26277 of 2010 is dismissed, directing that the 4th respondent shall take steps to place the matter relating to the disciplinary action, initiated against the petitioner, before the District Level Committee. The Committee, in turn, shall pass appropriate orders within a period of two months from the date of receipt of a copy of this order. It is directed that in case, the 2nd respondent has not paid subsistence allowance to the petitioner, the arrears thereof, shall be cleared within a period of four weeks from today. 10. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J December 14, 2010. KTL