HC stays suspension of co-op societies’ additional registrar

CHANDIGARH: The Punjab and Haryana high court has stayed suspension order of additional registrar, cooperative societies, Punjab, Harinder Singh Sidhu, in an alleged financial bungling case.

The order was passed by the bench of justice Rajiv Sharma and justice HS Sidhu on a plea filed by Sidhu challenging a single judge order, which had refused to stay the suspension order.

“Prima facie, the suspension of the appellant from retrospective effect is not permissible as per the existing rules. Accordingly, there shall be stay of the impugned order…till the next date of hearing,” the division bench said while seeking response from the state government by November 7.

ADDL REGISTRAR WAS SUSPENDED IN JUNE

Sidhu was suspended on June 13 by cooperation minister Sukhjinder Singh Randhawa on allegations that he committed financial bungling by getting works done to the tune of ₹45 lakh without tendering and proper sanction during 2016-17 and 2017-18 while serving as the managing director of Punjab State Agricultural Development Bank.

The decision was followed by his dismissal on September 4, which was subsequently withdrawn by the government. However, an order was issued on September 20 stating that his suspension would continue. Sidhu had challenged this decision and a single judge, on September 26, issued notice to the government, but refused to stay the order.

The judge had observed that if a competent authority has passed an order, which is otherwise well within his competence, it cannot fail on the ‘specious plea’ that it has been passed under a wrong provision.

CONTINUATION OF SUSPENSION CHALLENGED

Before the division bench, Sidhu had argued that there is no question of continuation of suspension.

“Once a dismissal order is passed, the order of suspension then ceases to exist, as it merges into the dismissal order. A subsequent withdrawal of the dismissal order, therefore, cannot revive the earlier non-existent suspension order,” he had argued before the court.

THE OFFICIAL WAS SUSPENDED ON JUNE 13 ON ALLEGATIONS OF FINANCIAL BUNGLING