S S RANA Vs. REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioner was working as a Branch Manager in the Kangra Central Co-operative Bank Ltd (Respondent No.2, "Society"). A disciplinary proceeding was initiated against him purporting to be in terms of Rule 56(b) of the Kangra Central Co-operative Bank Employees (Terms of Employment and Working Conditions) Rules, 1980 (for short the "Rules") read with Section 35-B(4) of the Himachal Pradesh Co-operative Societies Act, 1968 (for short the "Act"). He was found guilty therein. The Managing Director of the Society, by an order dated 18.11.1993, terminated his services purported to be in exercise of his power under Rule 2(p) of Appendix 1(a) of the Rules. In the meantime, an Administrator was appointed by the State to manage its affairs. The appellant herein preferred an appeal against the said order terminating his services before the Administrator on or about 2.12.1993. However, the Administrator had no occasion to deal with the said appeal. By an order dated 18.11.1995, the Board of Directors of the Respondent No.2 dismissed the said appeal. He reached the age of superannuation on 30th September, 1996.

(2.) The appellant filed a writ petition before the High Court of Himachal Pradesh at Shimla, inter alia, praying for quashing of the order of termination dated 18.11.1995, as also the order of the appellate authority dated 16.1.1996. He further prayed for grant of all consequential benefits pursuant to or in furtherance of the quashing of the said order of punishment.

(3.) The writ petition filed by the appellant was based on the premise that the 1st respondent is a 'State' within the meaning of Article 12 of the Constitution of India. A Division Bench of the Himachal Pradesh High Court, by reason of the impugned judgment and order dated 6.6.2003, dismissed the said writ petition holding that the writ petition was not maintainable. The appellant is, thus, before us.