HARI LAL AGRAWAL, R.C.PATNAIK, P.C.MISRA
BANABIHARI TRIPATHY – Appellant
Versus
REGISTRAR OF CO-OP. SOCIETIES – Respondent
H. L. AGRAWAL, C. J.
( 1 ) WHEN this writ application was placed before a Division Bench of this Court, it referred the matter to a larger Bench to consider the following two questions :-" (1) Whether the Co-operative Societies registered under a Co-operative Societies Act as such will come within the fold of Art. 12 of the Constitution and are amenable to the writ jurisdiction of the High Court? (In case the answer is in the negative), (2) Whether the Co-operative Society is borne (born?) under any Statute or is discharging any such functions which may make it an 'instrumentality of the State' "? (Second question is recasted)
( 2 ) A few facts may also be noticed : the petitioner was appointed as a Clerk in the Khurda Central Co-operative Bank (for short 'bank') in the year 1958 and in due course was promoted to the post of Accountant in the year 1966. While working as such in the Head Office at Khurda, he was suspended and reverted to the post of Branch Manager, thus imposing a 'major penalty' by the office order of the Bank dated 4-11-1966 (Annexure-2) pending the contemplated departmental enquiry, and in the departmental enquiry, his services were terminated by order dated 10-
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