HIGH COURT OF PUNJAB AND HARYANA
THE RAMDASPUR MULTIPURPOSE CO-OPERATIVE AGRICULTUTRAL SERVICE SOCIETY LTD AND ORS – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
/170/2021
In the High Court of Punjab and Haryana, at Chandigarh
1.
Civil Writ Petition No. 170 of 2021 (O&M)
The Ramdaspur Multipurpose Co-operative Agricultural Service Society
Limited Ramdaspur and Others
... Petitioner(s)
Versus
State of Punjab and Others
... Respondent(s)
2.
Civil Writ Petition No. 173 of 2021
Parminder Singh Pannu and Others
... Petitioner(s)
Versus
State of Punjab and Others
... Respondent(s)
3.
Civil Writ Petition No. 176 of 2021
The Kapurthala Central Co-operative Bank Limited and Others
... Petitioner(s)
Versus
State of Punjab and Others
... Respondent(s)
AND
4.
Civil Writ Petition No. 198 of 2021
The Bachhauri Multipurpose Co-operative Agriculture Service Society
Limited Bachhauri and Others
... Petitioner(s)
Versus
State of Punjab and Others
... Respondent(s)
DATE OF DECISION: 12.05.2021
DEEPAK KUMAR BHARDWAJ
2021.05.17 12:08
I attest to the accuracy and
integrity of this document
Civil Writ Petition No. 170 of 2021 (O&M) And 2
Three Other Connected Cases
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present:
Mr. D.V.Sharma Senior Advocate
with Mr. Tushar Sharma, Advocate
for the petitioners.
Mr. S.P.S.Tinna, Additional Advocate General,
Punjab, for respondent No.1 and 2.
Mr. Ashwani Prashar, Advocate
for respondent No.3.
Anil Kshetarpal, J.
1.
By this order, the following writ petitions shall stand disposed
of:-
I)
Civil Writ Petition No. 170 of 2021
II)
Civil Writ Petition No. 173 of 2021
III)
Civil Writ Petition No. 176 of 2021, And
IV)
Civil Writ Petition No. 198 of 2021
2.
Learned counsel representing the parties being common are ad
idem that all these writ petitions involve identical questions of fact and law
and therefore, the writ petitions, in this bunch, can be conveniently disposed
of by a common judgment.
3.
Civil Writ Petition No. 170 of 2021 has been filed by 12
multipurpose Co-operative service Societies whereas Civil Writ Petition No.
173 of 2021 has been filed by 6 authorized representatives of the Central Co-
operative Banks, who claim to be the elected Directors of the Punjab State
Co-operative Bank Limited, Chandigarh (hereinafter referred to as “the
PSCB”). Civil Writ Petition No. 176 of 2021 has been filed by the
Kapurthala Central Co-operative Bank and four other Societies whereas
Civil Writ Petition No. 198 of 2021 has been filed by six Societies.
DEEPAK KUMAR BHARDWAJ
2021.05.17 12:08
I attest to the accuracy and
integrity of this document
Civil Writ Petition No. 170 of 2021 (O&M) And 3
Three Other Connected Cases
4.
Through all these writ petitions, the petitioners assail the
correctness of the order (29.12.2020) of the Registrar, Co-operative
Societies, Punjab, (for short 'RCS') passed while rejecting the objection
petitions against the proposed amalgamation the District Central Co-
operative Banks (hereinafter referred to as “the DCCB”) with PSCB.
5.
On 03.12.2018, a proposal submitted to the Cabinet of the State
of Punjab for amalgamation of various DCCBs with PSCB, Chandigarh, was
approved with the following major objects and reasons for amalgamation:-
“A.
Maintenance of Capital to Risk Weighted Assets Ratio
(CRAR).
B.
Profitability of District Central Co-operative Banks is
declining due to shrinking of banking business.
C.
Restrict flow of Credit by DCCBs in some areas of
Punjab.
D.
Extra cost of computerization and other administrative
expenses.
E.
Scheduled Bank Status – when DCCBs are restructured
in to one unitary Bank, the bank will have the status of
Scheduled Bank.
F.
Better tax management – The unitary system would
provide a space of better tax management against the
collective losses of all DCCBs.
G.
Better HR Management – After unitary structure, better
utilization, deployment and the development of human
resources can be done properly”.
DEEPAK KUM
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