S.N.PHUKAN, S.P.RAJKHOWA
Surendra Nath Kalita – Appellant
Versus
Assam Co-Operative Apex Bank Ltd. – Respondent
In this writ petition under Article 226 of the Constitution, the petitioner has challenged the order of reduction in rank from the post of Assistant Cashier in the Assam Co-operative Apex Bank Limited, respondent No. 1 to the rank of Sub-staff Grade-B, i. e. Peon. The said order was passed in a departmental proceeding on 19.2.85 by the Managing Director of the respondent-Bank. Appeal of the petitioner was also dismissed.
2. The first point which needs our consideration is whether the respondent-Bank, namely, Assam Co-operative Apex Bank is an instrumentality of the State. The question whether Assam State Co-operative Marketing and Consumers' Federation Limited, which is a Co-operative Society registered under the Assam Co-operative Societies Act, 1949 is an instrumentality of the State or hot came up for consideration before this Court and a Division Bench of this Court by judgment and order dated 8. 3. 82 in Civil Rule No. 338 of 1979 answered the question in the affirmative i.e. held that the said Federation is an authority under the State, Mr. Mahanta. {earned counsel for the petitioner relying on the above decision and on the basis of materials placed before us urged
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