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2019 Supreme(Bom) 944

S.V.GANGAPURWALA, A.M.DHAVALE
Kiran – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Pradnya S. Talekar, Adv., K.B. Jadhavar, Adv., V.N. Upadhye, Adv.

JUDGMENT :

A.M. Dhavale, J.

Rule. Rule made returnable forthwith. Heard finally with the consent of the parties and taken up for final disposal.

2. The petitioner who was Manager of District Central Cooperative Bank Limited (R-3) assails the order of his termination dt. 07.07.2015, decision of dismissal of his appeal dt. 26.12.2017, order of revocation of his promotion dt. 07.07.2014 and seeks his reinstatement with continuity of service, back-wages with all increments and with interest. Apart from merits, the maintainability of the writ petition is challenged on the ground that, District Central Cooperative Society is not instrumentality of the State within the meaning of Article 12 of the Constitution.

3. The petitioner was employed as Clerk on daily wages in respondent No. 3 - DCC Bank on 09.01.1989. Thereafter he was regularized in service and in due course on 01.08.2012 he was promoted to the post of manager. During the period 2011-13, there was huge embezzlement of Rs. 1.45 crores in the respondent No. 3- Bank when the petitioner was the Manager. In all, 131 FIRs came to be lodged in respect of the embezzlement. The petitioner was called upon by letter dt. 17.12.2013 to submit or

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