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1997 Supreme(Raj) 1351

M.G.MUKHERJI, J.C.VERMA
Kanhaiya Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. Vijay Mehta, Advocate.
For the Respondent Nos. 1 and 2:Mr. Vijay Bishnoi, Advocate.
For the Respondent No. 3:Mr. B.R.Mehta, Advocate.

JUDGMENT

1. - This writ application is directed against an order of compulsory retirement dated June 15, 1990 as passed by the General Manager, Sirohi District Commercial Cooperative Bank Ltd. (hereinafter referred to as 'the Bank') pursuant to a decision dated June 9, 1990 were sought to be challenged before us holding inter alia that instead of resorting to a proper disciplinary proceedings in accordance with law, the respondents passed an order of compulsory retirement against the writ petitioner in a mala fide manner and for a collateral purpose.

2. Even though the petitioner was earlier appointed on the post of Godown Keeper in the year 1974 he was promoted to the post of Branch Manager in May, 1981 to which post he was serving on the date of his purported compulsory retirement. It is contended by the writ petitioner that he completed 50 years of age on September 16, 1988 and there was no adverse entry in his service record. It was the Registrar of the Cooperative Societies purportedly acting under Rule 41 of the Cooperative Societies Rules who insisted upon the adoption by the Cooperative Societies of a Disciplinary Action and Appeal Rules. The respondent No. 3 Sirohi District






























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