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2023 Supreme(Bom) 828

VINAY JOSHI, VALMIKI SA MENEZES
Chandrapur District Central – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
S.V.Manohar, Advocate, A.M.Ghare, Advocate, R.L.Khapre, Advocate, N.P.Mehta, Advocate, N.C.Nagapure, Advocate, A.V.Band, Advocate, S.K.Mishra, Advocate, K.Deogade, Advocate

JUDGMENT

VINAY JOSHI, J. - Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for respective parties.

2. The principal challenge in this petition is to the competency of Chief Minister in granting stay to the staff recruitment process of petitioner' Co-operative Bank vide order dtd. 29/11/2022.

3. Petitioner No.1 Chandrapur District Central Co-operative Bank Ltd., is registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 ('MCS Act'). Petitioner No.2 is elected Chairman of the Petitioner No.1 Bank. Petitioner Bank is doing business of banking under the licence of the Reserve Bank of India. Petitioner Bank has not been funded in any manner by the State Government. The petitioner Bank has its area of operation in entire revenue district of Chadrapur, whilst head office at Chandrapur. Bank has 93 branches spread over the entire Chandrapur District. The Bank has approved staffing pattern of 885 employees. In passage of time, several employees have been retired resulting into shriking the strength to the extent of 525 employees only. Resultantly 393 posts are lying vacant. In proximity, more posts would lie vacant due to

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