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AJIT KUMAR
Azizur Rahaman – Appellant
Versus
District Cooperative Bank Ltd. – Respondent
JUDGMENT :
AJIT KUMAR, J.
1. Heard Sri Jeetendra Singh, learned counsel for the petitioner and Sri Yashwant Singh, learned counsel for the respondent nos. 1 to 4.
2. By means of this petition filed under Article 226 of Constitution of India, petitioner has assailed the order passed by the Secretary of the District Cooperative Bank Limited, Kanpur dated 01.06.2024 whereby he has been dismissed from the employment of the Bank through a resolution adopted by the Committee, dated 18.09.2023.
3. A preliminary objection has been raised by Sri Yashwant Singh, learned counsel for the respondent to the effect that the petitioner has efficacious remedy to challenge the resolution of the Committee of Management which has resulted in the order dated 01.06.2024 before the Registrar, Cooperative Societies under Section 128 of the Uttar Pradesh Cooperative Societies Act, 1965. He has also placed reliance upon a judgment of a Coordinate Bench of this Court dated 17.10.2014 in the matter of Ranvijay Singh Bhadauria v. State of Uttar Pradesh and others passed in Writ (A) No. 39967 of 2008 whereunder the Court had declined to entertain the petition against the order of dismissal from the service on the g
The Registrar under the Uttar Pradesh Cooperative Societies Act has the authority to annul resolutions, including dismissals, ensuring no individual is left without a remedy.
Dismissed employees of Co-operative Societies must exhaust the alternate remedy contemplated under the Special Act before approaching the High Court.
The Joint Registrar has jurisdiction to adjudicate disputes regarding resolutions of Co-operative Societies, and prior consent by the Society to a process cannot be retracted.
Dismissal of an employee at pleasure does not require notice or enquiry, affirming the authority of the Board under bye-laws.
Authority for imposing punitive measures within cooperative societies must comply with the latest statutory regulations.
Service disputes under Co-operative Societies must be resolved through arbitration as per Section 69 of the Kerala Co-operative Societies Act.
The court upheld the dismissal of the petitioner for embezzlement, emphasizing the importance of adhering to the appeal timeline set by Service Rules, which was not met in this case.
Disciplinary disputes involving co-operative societies must be resolved through the Co-operative Arbitration Court, and recourse to writ jurisdiction is premature when alternative remedies exist.
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