GURCHARAN SINGH KAKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE two petitioners claim to be the President and the General Secretary of the Punjab Co-operative Bank Employees Federation. They allege that on February 22, 1997, the (Sic)deration had passed a resolution to bring certain "scandals" to the notice of the Government; to issue a memorandum and to hold rallies against the working of the Managing Director of the Bank. In March, 1997, a memorandum was sent to the Governor. On April 4, 1997, petitioner No. 1 was transferred to Sangrur. On April 5, 1997, petitioner No. 2 was transferred to Tanda. In May, 1997, the petitioners sought a CBI enquiry. They also complained against their victimisation. On May 26, 1997, their explanation was sought vide letter, a copy of which has been produced as Annexure P-10 with the writ petition. They received the communications on June 5 and June 7, 1997 respectively. They submitted their replies on June 16, 1997 through registered post. However, on June 23, 1997, the Registrar issued instructions to the Bank to suspend the petitioners in pursuance of which they were placed under suspension vide orders dated June 27, 1997.

(2.) THE petitioners allege that the orders of suspension are wholly illegal as those based on an erroneous assumption that they had submitted no reply to the show cause notices and they had ceased to be the office bearers of the Federation. They also allege that the Registrar had no jurisdiction to order their suspension. The petitioners further allege that respondent No. 4 had committed various irregularities which need to be enquired into and that she was not qualified to continue working as the Managing Director of the Respondent-Bank. The petitioners pray that the orders of their suspension passed on June 27, 1997, copies of which have been produced as Annexures P-12 and P-13, be quashed, a writ of mandamus be issued directing the respondent to institute the CBI inquiry against respondent No. 4 and a writ of quo-warranto be issued asking her as to "under what authority of law she is continuing as a Managing Director of the Bank in the absence of the Board of Directors".

(3.) SEPARATE written statements have also been filed on behalf of Respondent No. 3 the Bank, Respondent No. 4, the Managing Director, Respondent No. 5 the Sangrur Central Co-operative Bank, Respondent No. 6 the Hoshiarpur Central Cooperative Bank and the newly added Respondent No. 8 on behalf of the Federation through its Finance Secretary, Mr. Inderjit Singh. Broadly, speaking all the allegations made in the petition have been controverted. Details regarding the good work done by Respondent No. 4 and the achievements of the bank have been given. It has been pointed out that the allegations made by the petitioners are false and baseless. Detailed reference to the various illegations shall be made at the appropriate time.