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1998 Supreme(Guj) 14

K.SREEDHAR RAO, M.S.SHAH
Malvikaben Bhikhabhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates appeared:
Tushar Mehta, D.A. Bhambhania, A.J. Patel

JUDGMENT

K. SREEDHARAN, C.J.

1. PETITIONERS ? 71 in number ? were appointed to the staff of the Sabarkantha District Central Co-operative Bank Ltd., Himatnagar (hereinafter referred to as "the Bank" in December 1996. The Registrar, Co-operative Societies, Gujarat State, Gandhinagar (hereinafter referred to as "the Registrar"), by order dated 18/19th September 1997 (Annexure F) issued directions to the Bank to cancel the appointment of 72 candidates, invoking the power under Section 160 of the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as "the Act" Legality of that order passed by the Registrar is in issue in this petition.

2. FOURTH respondent-Bank was declared weak bank in 1990. That was on account of its inability to recover the amount advanced to Sabarkantha Spinning Co-operative Mills. For more than ten years no vacancy in the staff of the Bank was filled up. Therefore, by letter dated 15-4-1993 the Bank sought sanction of Registrar for recruitment of 72 clerks and typists. The sanction was sought for because advance transactions of the Bank increased many- fold and it was not possible to manage its affairs with the existing staff. Registrar by letter date










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