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1999 DIGILAW 1234 (ALL)

VIDYA SAGAR PANDEY v. REGISTRAR, CO-OPERATIVE SOCIETIES, VARANASI

1999-08-20

SUDHIR NARAIN

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SUDHIR NARAIN, J. ( 1 ) SUDHIR Narain, J. This writ petition is directed against the order dated 28th April, 1999 passed by the Deputy Registrar, Co-operative Societies, U. P. rejecting the representation of the petitioner. ( 2 ) THE Secretary/chief Executive, Nagariya Sahkari Bank, respondent no. 3 terminated the service of the petitioner. The petitioner filed Writ Petition no. 31794 of 1997 challenging the said order. The petition was disposed of with the direction that in case the petitioner submits representation to the registrar of the region concerned alongwith a copy of the order passed by the court, he will dispose of the same within a period of two months. The petitioner submitted the representation and the representation has been rejected. The petitioner has challenged this order in this writ petition. ( 3 ) I have heard Sri M. M. Sahal, learned counsel for the petitioner and dr. H. N. Tripathi, learned counsel for the respondent Bank. ( 4 ) LEARNED counsel for the petitioner contended that respondent No. 1 failed to decide the issue as to what was the area of the operation of the Bank in question. This Court in earlier writ petition has observed as follows :"in case the area of operation of the Society extends to more than one District or State it will be a Society which is contemplated under clause IX of Regulation 2 of 1975 Regulations, The factual controversy is whether respondent Bank, Nagariya Sahkari, Bank, Ram Katora, varanasi, is such a society whose area of operation extends to more than one District or State, as contemplated in the aforesaid notification. This aspect shall be considered by the Registrar of the region concerned. " ( 5 ) RESPONDENT No. 1 has not considered this aspect. Respondent No. 1 has only considered as to whether the petitioner was afforded an opportunity and the order of termination was Justified. In absence of any decision on this question, the order passed by respondent No. 1 is not sustainable. ( 6 ) IN view of the above writ petition is allowed. The order dated 28th april, 1998 passed by respondent No. 1 is hereby quashed. In absence of any decision on this question, the order passed by respondent No. 1 is not sustainable. ( 6 ) IN view of the above writ petition is allowed. The order dated 28th april, 1998 passed by respondent No. 1 is hereby quashed. The matter shall now be decided by the Registrar, Co-operative Societies, U. P. Lucknow within two months from the date of production of a certified copy of this order and a true copy of the writ petition before him by the petitioner. The petitioner shall also submit a true copy of the representation which he had filed before the Deputy Registrar, respondent No. 1. The Registrar shall pass the order after affording the opportunity to the petitioner and the respondents concerned. .