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2013 Supreme(All) 1059

ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : DEVI PRASAD SINGH AND VISHNU CHANDRA GUPTA, JJ.
Dr. Smt. MADHURIMA DIXIT AND OTHERS ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 595 and 2008 of 2009, decided on 11th April, 2013)

Advocates:
Counsel :
Ram Raj, B.R.Singh and Shiv S.E. Chitambar for the Petitioners; C.S.C., B.S. Yadav, K.K. Singh, Nisar Ahmad, O.P. Srivastava, Sudeep Seth, I.B. Singh and Ram Raj, A.P. Srivastava for the Respondents.

Headnote:Reversion—Bank Manager—To parent department—After absorption in borrowing department—Absorption done under Regulation with due sanction of Board constituted for—Petitioner had already tendered her resignation to her parent department, which had been accepted—Reverting back to petitioner to her parent department, in pursuance of oral instructions issued by the higher ups in the Government, would be punitive and in flagrant violation of principles of rule of law, principle of natural justice and suffers from vice of arbitrariness. [Paras 23, 35, 43 and 61]

JUDGMENT

Hon’ble Devi Prasad Singh, J.—Factual matrix of the case is an another instance depicting the fall of governance on moral values in our system and also is an instance of blatant abuse of power. The facts giving rise to the writ petitions are discussed hereinafter.

2. The petitioner was appointed in accordance with rules in District Cooperative Bank Limited, Agra, after due selection through a duly constituted selection committee on 21.2.2000. The selection and appointment was duly approved by the U.P. Cooperative Institutional Service Board (in short the Board), in pursuance of power conferred by Regulation 5 of the U.P. Cooperative Societies Employees’ Service Regulations, 1975 (in short Service Regulations).

3. While serving in the Bank, the petitioner moved an application dated 13.2.2004 (Annexure 10 to the writ petition) to Northern Railway Primary Cooperative Bank Limited, Lucknow, for her transfer and absorption. It was indicated in her application by the petitioner that the Bank, vide its resolution No. 8 dated 20.7.2002, had permitted and issued no-objection-certificate for her transfer to the Northern Railway Primary Cooperative Bank Limited, Lucknow. The no-objection-certificate was issued subject to approval by the Board. Another no-objection-certificate was issued on 3.6.2005 (Annexure 13 to the writ petition) for absorption of the services. The Northern Railway Primary Cooperative Bank Limited, Lucknow, considered petitioner’s application dated 13.2.2004 (supra) and vide its resolution dated 2.2.2008 (Annexure 10 to the writ petition) resolved to induct the petitioner as Assistant Manager Class-2. The petitioner opposed the resolution on the ground that she was working on the post of Senior Branch Manager in the Bank hence she should not have been appointed on a post of lower cadre. She moved an application dated 8.2.2008 to the respondent No. 4. In the meantime, the Committee of Management of the Northern Railway Primary Cooperative Bank Limited, Lucknow, was suspended on 4.8.2008. The application moved by the petitioner was considered under Rule 394 and the Joint Registrar, vide letter dated 9.4.2008 granted the approval according to earlier resolution dated 2.2.2008 permitting the petitioner to discharge duty in the Northern Railway Primary Cooperative Bank Limited, Lucknow, for one year on deputation after seeking approval from the Board. The Board, vide its order dated 19.4.2008 (Annexure 13 to the writ petition) granted approval for appointment of the petitioner as Manager and in consequence, thereof, the petitioner joined duty as Manager on 25.4.2008.

4. The petitioner moved an application dated 19.5.2008 for her absorption in Northern Railway Primary Cooperative Bank Limited, Lucknow, which was considered and by a resolution, the petitioner was permitted for absorption subject to approval by the Board. In pursuance of approval of the Board, the petitioner’s services was absorbed on 5.2.2009 with the borrowing department after due sanction from the Board vide its order dated 20.1.2009 on the post of Manager. The Northern Railway Primary Cooperative Bank Limited, Lucknow, communicated decision with regard to absorption, vide its letter dated 5.2.2009. On behalf of the Board, the Secretary communicated decision vide letter dated 20.1.2009 (Annexure No. 32 to the writ petition). After absorption in Northern Railway Primary Cooperative Bank Limited, Lucknow, the petitioner immediately submitted resignation from her parent Bank i.e., District Cooperative Bank Limited, Agra on 5.2.2009 (Annexure 7 to the writ petition) which was accepted.

5. It appears that absorption of the petitioner was not appreciated by someone in the Government. Hence, the Principal Secretary of the Department, vide letter dated 19.1.2009 instructed the Additional Registrar, to relieve the petitioner from Northern Railway Primary Cooperative Bank Limited, Lucknow, and revert back to the District Cooperative Bank Limited, Agra. The s





































































































































































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