1 2025:CGHC:4197 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 592 of 2025 • Santosh Navik S/o Shri Harinarayan Navik, Aged About 45 Years Posted As Manager Of Aadim Jati Seva Sahakri Samiti Dhan Kharidi Kendra, Davankara, Tahsil Pratampur, Distt.- Surguja (C.G.),permanent R/o Adampara, Plratappur, Tahsil Pratappur, Distt. - Surguja (C.G.) ... Petitioner(s) versus 1. The State Of Chhattisgarh Through The Secretary, Department Of Co-Operative Societies Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur (C.G.). 2. Registrar, Cooperative Societies, Chhattisgarh, Office At Commissioner And Registrar, Co-Operative Societies, Head Of The Department Office Indrawati Bhawan, Nava Raipur, Atal Nagar, Distt. - Raipur (C.G.). 3. The Collector, Surajpur / Administrator, Distt. - Surajpur (C.G.). 4. The Joint Commissioner, Co-Operative And Joint Registrar Co- Operative Society Surguja Division, Ambikapur Distt. - Surajpur (C.G.). 5. The Deputy Commissiner And Sub-Registrar, Co-Operative Society Surajpur, Distt. - Surajpur (C.G.). Digitally signed by RAGHVENDRA JAT 2 6. Shri Ramdas Sonpakar, Authorised Officer, Adim Jati Seva Sahakari Samiti Maryadit Davankara, Distt. - Surajpur (C.G.). 7. Rajaram Kodaku, S/o Brijmohan Kodaku, Aged About 54 Years R/o Village Davankara, Distt. - Surajpur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Rahul Mishra, Advocate. For Respondent(s)/State : Mr. Abhishek Gupta, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 23/01/2025 1. Heard on I.A. No. 01/2025, which is an application for exemption from filing typed of documents/annexures. 2. On due consideration and for the reasons mentioned in the application, I.A. No. 01/2025 is allowed. 3. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 The Hon'ble Court may kindly be pleased set- aside/quash the impugned Suspension Order dated 02.01.2025 (Annexure-P/1)) issued by respondent no. 6 who is not the competent authority to pass suspension order against the petitioner. 10.2 The Hon'ble Court may kindly be pleased to direct the respondents to allow the petitioner to discharge his duty as Manager of Aadim Jati Seva Sahakri Samiti 3 Maryadit, Davankara, Tehsil Pratappur, Distt. Surajpur (C.G.) 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may kindly be passed.” 4. Facts of the case, is that, petitioner is discharging the duty of Manager of Aadim Jatı Seva Sahakri Samiti Maryadit, Davankara, Registration No 1027 Tehsil Pratappur, Distt. Surajpur (C.G) and since then he is discharging his duty with satisfaction of his superior authorities without any compliant. The Khasra No 1302 Rakba 8.68 hectare situated at Village Davnakara is government land upon which the Office of Aadim Jati Seva Sahakri Samiti Maryadit, Davankara, Registration No. 1027 Tehsil Pratappur, Distt. Surajpur (C.G.) is also situated. On 29.06.2024, Gram-Panchayat Davankara has passed resolution for farming Corn Crop and Urad Crop in the remaining land bearing Rakba 0.40 hectare of Government land in which the Aadim Jati Seva Sahakri Samiti Maryadit, Davankara is situated and it was also passed resolution that, the income which will come from the Corn Crop and Urad Crop will be deposited in the Panchayat account. Earlier with malafide intention and without having jurisdiction the Sub-Divisional Officer (Revenue) Pratappur, conducted spot inspection of land bearing Khasra No. 4 1302 Rakba 8.68 hectare upon which the office of Aadim Jati Seva Sahakri Samiti Maryadit, Davankara is situated and found that, the petitioner has cultivated the Corn Crop (Makka) upon the land of Aadim Jati Seva Sahakri Samiti Marvadit, Davankara. The respondent No. 4 has also recommended for taking necessary action for removal of petitioner from the post of Manager to the respondent No. 3. On 16.07.2024 the respondent No. 3 has forwarded to the Office of District Registrar Co- operative Society, Surajpur for taking necessary action and in compliance of recommendation the letter dated 23.07.2024 sent to the Senior Sahkari Inspector and Authorized Officer of Aadim Jati Seva Sahakri Samiti Maryadit, Davankara, for removing the petitioner from the post of Manager Aadim Jati Seva Sahakri Samiti Maryadit, Davankara. On 24.07.2024, the petitioner received the letter dated 23.07.2024 and recommendation memo dated 12.07.2024, thereafter on 25.07.2024, the petitioner has filed Writ Petition No. 4282/2024 challenging the illegal, arbitrary with malafide order dated 12.07 2024 and 23.07.2024. It is respectfully submitted that, on. 29.07.24 the Hon'ble Court has pleased to grant interim relief in favour of the petitioner. In compliance of the recommendation of the respondent no. 4 for removal of petitioner from his post, the Authorized Officer, Aadim Jati Seva Sahakri Samiti Maryadit, Davankara, has passed 5 impugned order for suspension dated 25.07.2024 against which the petitioner has preferred writ petition WPS No. 4439/2024 in which this Hon'ble Court has pleased to grant interim order in the favour of petitioner. Under the political pressure one Rajaram S/o Brijmohan has lodged First Information Report against the petitioner alleging that, the petitioner has withdrawal amount from the account of complainant Rajaram in the District Co-operative Central Bank, Maryadit, Ambikapur, Branch Pratappur, Distt.- Surajpur. During investigation, the Station House Officer, Police Station Pratappur sent notice dated 04 10.2024 to the District Co- operative Central Bank, Maryadit, Ambikapur, Branch Pratappur, Distt Surjpur (CG) for submitting report in respect of withdrawal of amount from the account of Rajaram Kodaku. The bank has submitted information to the Station House Officer, Police Station Pratppur that, after verification of the signature of Rajaram Ködaku by the Bank Cashier/ the amount has been withdrawn through withdrawal receipt by six time. The duty of the petitioner is only receiving the paddy form the formers he has no role for withdrawal of money from the bank therefore considering all the fact and circumstances of the case the learned Sessions Court Pratappur, Dist Surajpur (CG) has granted anticipatory bail to the petitioner. Despite the fact that, the petitioner has not committed any offence but only to implicate him in a false case the First 6 Information Report has been lodged against the petitioner with intention to implicate the petitioner in false and fabricated case so that, the petitioner can be removed from his post at any cost therefore Assistant Registrar Co-Operative Society, Distict- Surajpur (CG) had issued letter dated 08.11.2024 to the Authorized Officer, Aadiın Jati Seva Sahakri Samiti Maryadit, Davankara, for removing the petitioner from his service without conducting any departmental enquiry, which is in violation of principal of natural justice. The petitioner had challenged the impugned pre-meditated letter dated 08.11.2024 before this Hon'ble Court in WPS No. 7398/2024 which has been disposed of vide order dated 19.11.2024 observing that, the impugned notice/letter dated 08.11.2024 with regard to initiation of an enquiry for removal of the petitioner shall not be given and rest of the part of notice dated 08.11.2024 shall remain intact. Now, again under the political pressure on 30.12.2024, the respondent No. 5 sent letter to the respondent No. 4 for granting permission and in turn vide letter dated 31.12.2024 the respondent No. 4 sent letter to the respondent No. 5 granting permission for suspension of the petitioner. The extreme political pressure with malalfide intention to suspend the petitioner the respondent No. 5 sent letter to the respondent No. 6 for taking decision for suspension of petitioner. On 02.01.2025, the respondent No. 6 7 who is not the competent authority to pass suspension order against the petitioner as per clause 17.1 of the Primary Krishi Sakh Sahkarı Society Seva Niyam, 2018. Only the board which has been defined under clause 2.11 can take decision for suspension of the petitioner. 5. Learned counsel for the petitioner submits that the order of suspension has been passed against the Primary Krishi Sakh Sahkari Society Seva Niyam, 2018. According to petitioner before passing order of suspension Rule 17 was required to be followed and it can only be passed after getting approval from the Divisional Joint Registrar, however, that has not been done and thereafter the suspension would not be for more than 3 months and it is required to be extended it could not be extended more than 6 months. However, in the present case nothing has been done and the petitioner is suspended since 02.01.2025 as such the order dated 02.01.2025 is required to be quashed and the authorities are required to be directed to revoke the suspension of the petitioner forthwith. 6. On the other hand, learned counsel for the respondent/State submits that though rules have not been followed but looking to the acts committed by the petitioner he has rightly been suspended. 7. Since the order impugned is contrary to Rule 17 of the Service 8 Regulations Act, 2018 as such prima facie it seems that the impugned order has been passed in an illegal and arbitrary manner without following Rule 17 of the Service Regulations Act, 2018 as such without issuing notice to respondent No. 6, the impugned order dated 02.01.2025 is hereby quashed. 8. According, the instant petition is allowed. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat