B. M. TALEWAD v. MEMBER, SECRETARY, COMMON CADRE AUTHORITY, M. D. , D. C. C. BANK LTD, BIJAPUR
1990-10-23
P.K.SHYAMSUNDAR
body1990
DigiLaw.ai
SHYAMSUNDAR, J. ( 1 ) THESE TWO WRIT PETITIONS ARE DISPOSED OFF finally NOW THAT I HAVE HEARD THE COUNSEL FOR THE petitioners AND AS ALSO THE LEARNED COUNSEL FOR respondent NO. 1 AND THE RESPONDENT NO. 2 IN w. P. NO. 12614/1989. ( 2 ) THE TWO PETITIONERS WERE SECRETARIES OF TWO RESPECTIVE CO-OPERATIVE SOCIETIES ONE IN atharga AND ANOTHER IN BASAVANABAGEWADI. THEY WERE TRANSFERRED VIDE THE ORDERS AT annexure-A. THEY ARE SOMEWHAT UNHAPPY BY THEIR dislodgement FROM THEIR RESPECTIVE POSITIONS which I AM TOLD THEY HAVE BEEN HOLDING SINCE about 10 YEARS. ( 3 ) IT IS MAINTAINED THAT THEY WERE APPOINTED BY THE ERSTWHILE SET-UP AND THEY WERE NOT appointed BY THE RESPONDENTS WHO COULD NOT, therefore, TAMPER WITH THE LOCATION OF THEIR WORK AND certainly DID NOT HAVE ANY JURISDICTION TO RELOCATE them OFFICIALLY. SUPPORT FOR THIS SOUGHT TO BE derived FROM SECTION 111-A OF THE CO-OPERATIVE societies ACT. THE SAID SECTION READS :"111-A. SECRETARY : (1) THE CHIEF administrative EXECUTIVE OFFICER OF A cooperative SOCIETY, BY WHATEVER NAME CALLED, shall BE THE SECRETARY OF SUCH SOCIETY SUBJECT to THE PROVISIONS OF THE REGULATIONS MADE under SECTION 128-A, THE SECRETARY SHALL BE appointed AND BE REMOVABLE BY THE cooperative SOCIETY. 2. THE SECRETARY SHALL BE EITHER A WHOLE time OR A PART TIME SALARIED OFFICER AND SHALL be THE CUSTODIAN OF ALL RECORDS OF A cooperative SOCIETY AND SHALL BE RESPONSIBLE for THE CORRECT MAINTENANCE OF THE ACCOUNTS of THE CO-OPERATIVE SOCIETY. HE SHALL exercise SUCH POWERS AND PERFORM SUCH OTHER duties AS MAY BE PRESCRIBED. "from A READING OF THE ABOVE IT BECOMES CLEAR that THE SAME PROVIDES FOR AN APPOINTMENT OF A secretary SUBJECT TO THE PROVISIONS OF THE regulation MADE UNDER SECTION 128-A. NOW SECTION 128-A IS A PROVISION UNDER WHICH THE COMMON cadre IS CONSTITUTED FOR DIFFERENT CLASSES OF cooperative SOCIETIES BY THE REGISTRAR. REGULATIONS HAVE ALSO BEEN FRAMED UNDER THE ABOVE provision AND REGULATION NO. 37 READS:"transfer: - the MANAGING DIRECTOR OF THE CENTRAL bank SHALL BE COMPETENT TO TRANSFER THE secretaries ANYWHERE IN THE DISTRICT. "from THE CLUTCH OF THE (SIC) PROVISIONS, IT can BE SEEN THE APPOINTMENT OF A SECRETARY MADE under SECTION 111-A IS SUBJECT TO THE REGULATION made UNDER SECTION 128-A. WHAT IS MORE section 111-A REFERS TO APPOINTMENT AND REMOVAL of A SECRETARY BY THE CO-OPERATIVE SOCIETY.
"from THE CLUTCH OF THE (SIC) PROVISIONS, IT can BE SEEN THE APPOINTMENT OF A SECRETARY MADE under SECTION 111-A IS SUBJECT TO THE REGULATION made UNDER SECTION 128-A. WHAT IS MORE section 111-A REFERS TO APPOINTMENT AND REMOVAL of A SECRETARY BY THE CO-OPERATIVE SOCIETY. HEREIN THE TWO PETITIONERS HAVE BEEN TRANSFERRED from ONE PLACE TO ANOTHER AND HAS BEEN EFFECTED under REGULATION NO. 37 FRAMED UNDER SECTION 128-A WHICH AS A MATTER OF FACT REGULATES THE functioning OF A SECRETARY WHO IS APPOINTED under SECTION 111-A. IF THAT IS SO, THERE IS NO question OF SOMEBODY WHO DID NOT HAVE THE authority HAVING MADE THE IMPUGNED ORDER WHICH for THE REASONS MENTIONED ABOVE ARE LIABLE TO BE affirmed AND ARE AFFIRMED. ( 4 ) FOR THE REASONS STATED ABOVE, BOTH THE WRIT PETITION FALL AND ARE DISMISSED. NO COSTS. RULE DISCHARGED. WRIT PETITION DISMISSED. --- *** --- .