MOHAMMED AKBAR Vs. REGISTRAR, CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) In these two writ petitions under Articles 226/227 of the Constitution of India, the order dated 2-4-2004 passed by the Registrar, Co-operative Societies, Chhattisgarh, Raipur in Review Case No. 80-01/2004 has been challenged.

(2.) The facts relevant for the disposal of these two writ petitions briefly are that the District Co-operative Central Bank, Raipur/respondent No. 2 (for short "the Co-operative Bank") is a Co-operative Society registered under the Madhya Pradesh Co-operative Societies Act, 1960 which has renamed after its adaptation to the State of Chhattisgarh as the Chhattisgarh Co-operative Societies Act, 1960 (for short "the Act"). Respondent Nos. 2 to 6 who are delegates of their respective primary societies were elected as Directors of the Board of the Co-operative Bank. Respondents 3 and 4 were also the Chairman and Vice Chairman of the Co-operative Bank. Respondents 3, 4, 5 and 6 were also members of the Staff Sub Committee of the Co-operative Bank. There were serious allegations irregular appointments, promotions and other matters concerning the employees of the Co- operative Bank and after an enquiry into the allegations, the Joint Registrar, Co-operative Societies, Raipur by order dated 3- 2-1999 directed the Board of Directors of the Co-operative Bank to take action for removal of respondents 3 to 6 from the Staff Sub Committee and from the post of Directors.

(3.) The said order dated 3-2-1999 of the Joint Registrar was challenged in Revision No. 394 of 1999 by the Staff Sub Committee as well as respondent No. 3 in the name of the Co-operative Bank before Madhya Pradesh Slate Co-operative Tribunal (for short "the Tribunal"). By order dated 3-1-2000 the Tribunal held that there was no illegality or infirmity in the said order dated 3-2-1999 of the Joint Registrar, Co-operative Societies and dismissed the revision with the direction that the Joint Registrar shall forward a copy of the complaint and the copy of the report of the enquiry to the Board of Directors of the Co-operative Bank and the Board of Directors will take action under Section 53(1)(b) of the Act within thirty days from the receipt of the copy of the enquiry report and the copy of the complaint. But the Board of Directors of the Co-operative Bank by majority decision took the view that the appointments and the promotions were made in accordance with law and there was no irregularity in the said appointments and promotions.