Per Naresh H Patil, J.

1. The petitioner questions legalityand maintainability of communication dated 10th November 2006 (Exhibit P-3) and communication dated 21st November 2006 (Exhibit P-5) made by the Deputy Superintendent of Anti Corruption Bureau, Osmanabad.

2. Briefly stated, the facts are :

3. According to the petitioner, he served in different capacities with the Osmanabad Janta Sahakari Bank Limited Osmanabad (for short, "the Bank") since 1972. As he completed 58 years of age he retired from the services of the Bank on or about 2nd June 2004. The Managing Committee of the Bank extended the services of the petitioner by two years. The petitioner would have retired on or about 2nd June 2006 after getting extension. But he was suffering from severe diabetes he requested the Managing Committee of the Bank to retire him after completion of one year of his extended period. Consequently, he retired from the serves of the Bank on or about 10th June 2005 and since then the petitioner is not in service of the Bank.

4. Initially, the petitioner was appointed as Accountant in the Bank in the year 1972. He was promoted to the post of the Manager of the Bank on or about 18th June 1981 and was later on designated as General Manager of the Bank. He worked in that capacity till his retirement. According to the petitioner, he worked in the capacity of the General Manager under the control and supervision of the Managing Director of the Bank. The General Manager was not entitled to attend the meetings of the Managing Committee of the Bank. The General Manager of the Bank had no authority, power or jurisdiction to sanction loans.

5. The petitioner contends that the Bank was registered in accordance with the provisions contained in the Cooperative Act 1912 on or about 3rd September 1933. In accordance with the provisions of Section 166(2) of the Maharashtra Cooperative Societies Act, 1960 (for short, "the Act of 1960") the Bank was deemed to have been registered in accordance with the provisions of the Act of 1960. The area of operation of the Bank consisted of Osmanabad District, Beed District, Latur District and Solapur District. The Bank is a Banking Cooperative Society within the meaning of sub section (10) of Section 2 of the Act, 1960. The Managing Committee of the Bank had taken a decision to extend the area of operation beyond these Districts to Bidar District in Karnataka State in or about the year 1999. The Bank had submitted appropriate application before the Central Registrar for its registration in accordance with the provisions of Sections 6 and 7 of the Multi State Cooperative Societies Act, 2002 (for short, "the Act of 2002"). Accordingly the Bank was registered by the Central Registrar on 12th July 2000. The registration certificate is bearing No.MHCS/CR/106/12.7.2000. According to the petitioner, since 12th July 2000 the Bank is governed by the provisions of the Act of 2002.

6. The petitioner contends that the Bank had framed certain rules laying down service conditions in respect of its employees. The supervision and control over the employees of the bank is of the Managing Committee. The petitioner in the capacity of the General Manager was directly under the supervision and control of the Managing Committee of the Bank. He was appointed by the Managing Committee. The petitioner specifically contended that he could not have been appointed, removed or dismissed either by the State Government or the Central Government or any other authority constituted or appointed by the State or Central Government. The salary of the petitioner was being paid from the corpus of the bank. There is no direct or indirect supervision or control of the Central or State Government on the functioning of the Bank or its employees.

7. The petitioner contends that the petitioner received a notice signed by the Deputy Superintendent o