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1998 Supreme(Guj) 19

K.SREEDHAR RAO, M.S.SHAH
MALVKABEN BHIKHABHAI PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.J.PATEL, D.A.Bhambhania, TUSHAR MEHTA

K. SREEDHARAN, J.

( 1 ) PETITIONERS - 71 in number - were appointed to the staff of the Sabarkantha District Central Co-operative Bank LIMITED, Himatnagar (hereinafter referred to as the Bank) in December 1996. The Registrar, Co-operative societies, Gujarat State, Gandhinagar (hereinafter referred to as the Registrar), by order dated 18/19th September 1997 (Annexure F) issued directions to the Bank to cancel the appointment of 72 candidates, invoking the powers under S. 160 of the gujarat Co-operative Societies Act, 1961 (hereinafter referred to as the Act ). Legality of that order passed by the Registrar is in issue in this petition.

( 2 ) FOURTH respondent-Bank was declared weak Bank in 1990. That was on account of its inability to recover the amount advanced to Sabarkantha Spinning Cooperative mills. For more than ten years no vacancy in the staff of the Bank was filled up. Therefore, by letter dated 15-4-1993 the Bank sought sanction of Registrar for recruitment of 72 clerks and typists. The sanction was sought for because advance transaction of the Bank increased many-fold and it was not possible to manage its affairs with the existing staff. Registrar by letter dated 26/27-6-1












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