ANKAMMA CH Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The short question, which arises for consideration in this application, is as to whether violation of the provisions of the bye-law would enable an aggrieved person to avail public law remedy. The petitioner herein was dismissed from service on the ground that he committed the following irregularities:

(2.) An appeal preferred against the order of suspension- dated 3-1-2000 being appeal No.1 of 2000 before the 3rd respondent had succeeded. A disciplinary proceeding was initiated. An order of punishment was passed. The main contention of the petitioner is that having regard to bye-law No.12 the order of dismissal could be passed only in consultation with the District Level Committee. The District Level Committee in terms of bye-law No.3 comprises of District Revenue Officer, District Co-operative Officer and the General Manager of the Co-operative Central Bank.

(3.) The learned Single Judge having regard to the Full Bench decision of this Court in Sri Konaseema Co-op. Central Bank Ltd. vs. N. Seetharama Raju which has been affirmed in U.P. State Co-op. Land Development Bank Ltd vs. Chandra Bhan Dubey dismissed the writ petition observing thus: Notwithstanding some broad observations made as to the availability of judicial review against anybody or persons seen to have inflicted a wrong on a citizen, the preponderance of judicial opinion is seen to effectuate the principle that it is only a body or agency or instrumentality of the State that it is obligated to the constitutional and public law limitations upon its conduct. Absence of such a characteristic of a respondent or a body, no writ could be issued under Article 226 of the Constitution calling up to account for its conduct.