S.M.SUBRAMANIAM
R. Rajkumar – Appellant
Versus
General Manager, The Udhagamandalam Co-op Urban Bank Ltd. , Nilgiris – Respondent
JUDGMENT :
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the order dated 05.12.2014 of the 2nd respondent The Managing Director/Co-op Sub Registrar, The Udhagamandalam Co-op Urban Bank Ltd., 370, Main Bazar, Udhagamandalam, The Nilgiris-643 001 and quash the same.)
1. The order of dismissal passed by the Managing Director of the respondent/Co-operative Urban Bank in proceedings dated 05.12.2014 is under challenge in the present writ petition.
2. Admittedly, the order of dismissal was passed by the Management of Co-operative Urban Bank which is a registered Co-operative Society under the Tamil Nadu Co-operative Societies Act, 1983. A Co-operative institution not funded by the Government is not a “State” within the meaning of Article 12 of the Constitution of India.
3. That apart, an alternate remedy is contemplated under Section 153 of the Tamil Nadu Co-operative Societies Act.
4. The principles in this regard are settled by the Larger Bench of the High Court of Madras in the case of K.Marappan v. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal and another, report
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