RAM SWAROOP TRIPATHI Vs. DISCIPLINARY AUTHORITY MANAGING DIRECTOR BOMBAY MARCANTILE CO OPERATIVE BANK

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the Impugned suspension order dated 27.12.2003 as contained in Annexure-1.

(2.) The petitioner is cashier-clerk in the Lucknow Branch of the Bombay Mercantile Co-operative Bank Ltd. According to the petitioner, the opposite party No. 1 is a scheduled bank registered as Co-operative Society under the Bombay Co-operative Societies Act, 1925 and deemed to be registered under the Multi-Stat operative Societies Act, 1924 and" it comes within the meaning of the Sftate under Article 12 of the Constitution of India.

(3.) Learned counsel for the opposite parties had raised preliminary objection about the maintainability of the writ petition. Learned counsel for the opposite parties has referred a Full Bench decision of the Bombay High Court in Shamrao Vithal Co-operative Bank Ltd. u. Padubidrt Pattabhtram Bhat (FB), AIR 1993 Bom 93. tn which it has been held that Multi-State Co- operative Bank registered under Maharashtra Co-operative Societies Act, 1960 and under the Multi-State Co-operative Societies Act, 1984 is not a State within the meaning of Article 12 of the Constitution of India.