CHAIRMAN ADMINISTRATIVE COMMITTEE U.P. MILK UNION & DAIRY FEDERATION CENTRALIZED SERVICES versus JAGPAL SINGH

Citation: [2021] 3 S.C.R. 729 · Decided: 23-03-2021 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Appeal(s) allowed

Judgment (excerpt)

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   [2021] 3 S.C.R. 729
729
CHAIRMAN ADMINISTRATIVE COMMITTEE U.P.
MILK UNION & DAIRY FEDERATION CENTRALIZED
SERVICES
v.
JAGPAL SINGH
(Civil Appeal No. 49 of 2021)
MARCH 23, 2021
[UDAY UMESH LALIT, CJI, HEMANT GUPTA
AND  S. RAVINDRA BHAT, JJ.]
Uttar Pradesh Co-operative Societies Employees Service
Regulations, 1975: Regn. 87 – Prior approval – Administrative
Committee in exercise of powers conferred under r.10 r/w proviso
to r.15 passed office order on 8.8.2016 that prior to imposing of
penalty, the approval of Dairy Milk Commissioner/Registrar would
be mandatory – In terms of the said Circular, the order of punishment
was passed against respondent-employee after approval from the
Dairy Milk Commissioner discharging functions as the Registrar –
Challenge against – Held: The exercise of the powers under the Act
are conferred by designation – The prior approval of the punishment
is by the Registrar – If, incidentally, the person holding the post of
Registrar is also Chairman of the Administrative Committee, it cannot
be said to be illegal as he is exercising the powers of Registrar as
well as of the Chairman of the Administrative Committee in terms of
the Act or the Rules – The Chairman is the Disciplinary Authority in
terms of proviso to r.15 of the Dairy Service Rules – Though, the
Administrative Committee has resolved that the approval of the Dairy
Milk Commissioner/Registrar would be mandatory, but such
Resolution has to be read in the context of proviso to r.15 which
confers jurisdiction on Chairman of the Administrative Committee
to be a Disciplinary Authority – Since the Chairman of the
Administrative Committee happens to be the Registrar, the decision
to impose punishment may not require prior approval – However, if
prior approval has been sought from the office of Registrar, that
will not vitiate the proceedings – There is nothing wrong in the
exercise of power by the Chairman of the Committee – Thus, there
is no error in the order of punishment passed by the Administrative
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SUPREME COURT REPORTS
[2021] 3 S.C.R.
Committee – Uttar Pradesh Co-operative Dairy Federation and Milk
Union Centralised Service Rules, 1984 – ss.10, 15.
Allowing the appeal, the Court
HELD : 1. The Uttar Pradesh Co-operative Dairy
Federation and Milk Union Centralised Service Rules, 1984
came to be published in the U.P. Government Gazette on
29.8.1984. As per the said Rules, the Administrative Committee
was to consist of a Managing Director of the Federation, a nominee
of the Registrar not below the rank of Class I Officer, a nominee
of the Managing Director of the Federation and a Member
Secretary. Rule 15 of the Dairy Service Rules contemplates that
the Appointing Authority and the authority exercising disciplinary
control over the members of the service shall be such as may be
laid down in the regulations. However, the proviso contemplated
that till the enforcement of such regulations, the Chairman of the
Administrative Committee shall be the Appointing Authority and
would act as the authority exercising disciplinary control as well.
[Paras 11, 13][740-C-D; 743-E-F]
2. The Administrative Committee in exercise of the powers
conferred under Rule 10 read with proviso to Rule 15 passed an
office order on 8.8.2016 that prior to imposing of penalty, the
approval of Dairy Milk Commissioner/Registrar would be
mandatory. It is in terms of the said Circular that the order of
punishment was passed against the employee after approval from
the Commissioner (Dairy Milk), discharging functions as the
Registrar. [Paras 14, 15][743-G; 744-C]
3. Section 122 of the Act and Rule 389-A of the 1968 Rules
empower the State Government to constitute an authority for
recruitment, training and disciplinary control of the employees
of Co-operative Societies. By virtue of notification dated 4.3.1972,
Uttar Pradesh Co-operative Institutional Service Board was
constituted for the purpose of recruiting, training and exercising
disciplinary control of the employees of Apex Level Societies,
Central or Primary Societies. Later, Regulation 87 of the Service
Regulations mandated that no order of punishment could be
passed without prior concurrence of the Board. However, by
notification dated 17.11.1979 issued again in terms of the powers
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conferred on the State Government under Section 122 of the Act
and Rule 389-A of the 1968 Rules, the Apex Level Society i.e.
Pradeshik Co-operative Dairy Federation, Central or Pri

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