RAJ KUMAR UPADHYAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition for writ a challenge is given by the petitioner to the order dt. 15.11.1994 passed by the Registrar, Cooperative Societies affirming the order dt. 10.05.1993 passed by the then Chairman of respondent Sirohi District Commercial Cooperative Bank Ltd. dismissing him from service. The respondent No. 3 is a Cooperative Bank having bye -laws certified as per Section 8 of the Rajasthan Cooperative Societies Act, 1965 (hereinafter referred to as "the Act of 1965"). The Registrar, Cooperative Societies, while exercising powers underR.41 of the Rajasthan Cooperative Societies Rules, 1965 approved the Sirohi District Commercial Cooperative Bank Ltd. Employees Service Rules, 1987 (hereinafter referred to as "the Rules of 1987") to regulate general conditions relating to appointments of staff and other service conditions relating to employees of the bank.

(2.) CLAUSE 36(xiv) of the certified bye -laws while empowering the Board of Directors of the Bank to take disciplinary action against its employees makes it necessary to have prior approval of the Registrar, Cooperative Societies for taking disciplinary action against the Chief Executive Officer.

(3.) THE petitioner entered in the services of the respondent Bank being appointed as Secretary on 06.12.1977. The post of Secretary was subsequently designated as Chief Executive Officer/Managing Director. One Shri Prakash Raj Modi was elected as Chairman of the Bank and the petitioner, as averred in petition for writ, objected his working style and also made a complaint to Reserve Bank of India pointing out certain illegalities committed by the Chairman while sanctioning loan and other advances. According to the petitioner the Chairman for the reasons above was keeping enmity with him and, therefore, subjected him to victimisation by various means.