COMMITTEE OF MANAGEMENT BHARTIYA STATE BANK KARMACHARI VETAN BHOGI SAHKARI RIN SAMITI LTD Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri H.R. Misra, learned senior advocate assisted by Shri K.M. Misra, learned counsel appearing for the petitioner and Shri Rama Nand Pandey, learned Standing Counsel appearing for respondent no.1 and have also perused the record.

(2.) Through this writ petition the petitioner has challenged the impugned order dated 1.4.2011 passed by respondent no.3, Joint Registrar, Cooperative Societies, U.P., Kanpur Region whereby he has set aside the order of District Assistant Registrar dated 11.2.2011 ordering inquiry under Section 65, U.P. Co-operative Societies Act, 1965 instead of proceeding against petitioner under Section 68 of U.P. Co-operative Societies Act, 1965 and consequential order dated 10.8.2011 passed by respondent no.4 namely, District Assistant Registrar, Cooperative Societies, U.P., Kanpur Nagar in compliance. The petitioner has also prayed for mandamus commanding the respondents not to interfere in the functioning of the petitioner's society and to desist from taking coercive action against the office-bearers pursuant to the impugned orders.

(3.) It has been contended on behalf of the petitioner that Bhartiya State Bank Karmachari Vetan Bhogi Sahkari Rin Samiti Ltd., Kanpur Nagar, in short, petitioner's society, is a Primary Banking Cooperative Society, the membership of which is confined to paid employees of State Bank of India. The object of the Society is to ensure self help amongst its members and it provides loan at reasonable rate for domestic, social and other connected purposes. Its area of operation is in 45 districts of the State. The Society is self-sufficient and no financial help or grant is taken from the State Government or from any local authority or instrumentality of the State. Since the beginning one Shri L.N. Tiwari, who is a Founder Member of the Society, has been the Honorary Secretary of the petitioner's society. It has also been stated that the petitioner's society has framed its own Service Regulations to govern the service conditions of its employees which have been duly approved by District Assistant Registrar and provisions of U.P. Cooperative Societies Employees' Service Regulations, 1975 are not applicable to the employees of the petitioner's society.