S. K. SEN, SUDHIR NARAIN, S. R. ALAM, U. K. DHAON, KHEM KARAN
VIJAY BIHARI SRIVASTAVA – Appellant
Versus
U. P. POSTAL PRIMARY CO-OPERATIVE BANK LTD. – Respondent
( 1 ) THE facts, inter alia, before the Division Bench, in short compass, are that Vijay Behari srivastava, the writ petitioner was appointed as Secretary in the U. P. Postal Primary co-operative Bank Limited on 25. 6/9. 7. 1988 in pursuance of resolution passed by the committee of Management of the U. P. Postal Primary Co-operative Bank Limited. The said decision of the Committee of Management was approved by the Annual General Body Meeting of the said Society on 29. 6. 1990. The petitioner was confirmed on the post of Secretary in the said Bank on 1. 7. 1990, but on 3. 2. 1994, he was directed to hand over the charge of the post of secretary to another person and was reverted to the post of Accountant. Being aggrieved against the said order the petitioner moved the instant writ petition under Article 226 of the Constitution of India seeking the following reliefs :
(i) issue a writ of mandamus or a writ, order of direction in the nature of mandamus commanding the opposite parties to allow the petitioner to function on the post of Secretary in the Bank.
(ii) issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding/restraining the op
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