LAWS(MPH)-2006-5-118

ZILA SAHKARI BANK Vs. ZILA SAHKARI KENDRIYA BANK

Decided On May 20, 2006
ZILA SAHKARI BANK Appellant
V/S
Zila Sahkari Kendriya Bank Respondents

JUDGEMENT

(1.) APPLICANTS ' application u/s 77 (15) of M.P. Cooperative Societies Act, 1960 (for short the Act) considered. Arguments heard.

(2.) RELEVANT facts are that the Managing Director of Zila Sahkari Kendriya Bank Maryadit Rewa (for short the Bank) issued transfer orders of 48 employees on 6.5.2006. The grievance of the applicant is that the committee of the aforesaid bank has been superseded u/s 53 (13) of the Act and it is being looked after by the officer-in-charge. The impugned transfer orders have been issued malafidely violating the Rules 26 (Two) and 27-A of Zila Sahkari Kendriya Bank Karamchari Sewa (Niyojan, Nibandhan Tatha Unki Karya Sthiti) Niyam, 1983 (for short the Niyam 1983). The revision is filed challenging the transfer order dated 6.5.2006.

(3.) THE main contention of the counsel of the applicants is that the transfer orders are issued malafidely and against the rules. Reference is made to the authorities wherein it has been held that the transfer orders issued malafidely against the rules can be interfered by the Court. Reference is made to State Bank of India and others v. Anjan Sanyal and others [(2001) 5 SCC 508], A.D. Dhande v. State of Maharashtra and others [(1997) 6 SCC 169], PC. Saxena v. State of M.P. and others [1980 JLJ 370 = 1980 MPLJ 251], R.K. Dube v. M.P. State Agro Industries Development Corporation and others [1990 MPLJ 669], O.P. Pali v. State of M.P. and others [2002 (II) MPWN 182 = 2000 (2) MPLJ 593].