S ITRAT HUSSAIN Vs. REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) THIS writ petition is directed against the letter dated 1.1.2001, contained in An -nexure 5, issued by the Acting General Manager of the Bihar Awami Co -operative Bank Ltd. terminating the service of the petitioner.

(2.) THE writ petition was heard on the question of maintainability on 26.2.2001 and the order was reserved.

(3.) THIS Court is unable to appreciate as to how the provisions of the R.B.I. Act or rule 33 of the Bihar Co -operative Societies Rules will at all make the respondent Bank, which is purely managed and controlled by a private body, namely, its Board of Directors, amenable to the writ jurisdiction of this Court under Article 226. Under rule 33 of the Co -operative Societies Rules, the Registrar, Co -operative Societies has been vested with the power to issue general or special order in respect of the appointment of a paid employee in any registered society, but he cannot issue order to the Managing Committee to terminate the service of the employee of the respondent Co -operative Bank. It is only the Chief Executive Officer/General Manager competent to take disciplinary action against the Bank 's staff in accordance with the Service Rules and Standing Orders of the Board, who will be subject to the general control, supervision and direction of the Board of Directors under its bye -laws.