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Checking relevance for Sahkari Samitiyan Vyavasthapak Union VS State Of Rajasthan...

Checking relevance for Managing Director Chhattisgarh State Co-Operative . . . Appellant Bank Maryadit VS Zila Sahkari Kendriya Bank Maryadit...

Managing Director Chhattisgarh State Co-Operative . . . Appellant Bank Maryadit VS Zila Sahkari Kendriya Bank Maryadit - 2020 0 Supreme(SC) 238 : Under the Chhattisgarh Co-Operative Societies Act, 1960, the nature of duty of a temporary manager in a cooperative bank is governed by the requirement that such appointments must be made from the cadre of officers maintained by the Apex Society, particularly when the bank is a Central Society to which the State Government has made financial contributions. A temporary appointment may be made by the Central Cooperative Bank with the prior permission of the Apex Society, subject to conditions imposed. The CEO (or equivalent) of a Central Cooperative Bank must be appointed from the cadre constituted under Section 54 of the Act, and such appointment is obligatory when deputed by the Apex Society. In contrast, a regular manager (or CEO) has the duty to be appointed by the Cooperative Bank itself, subject to eligibility criteria prescribed by the RBI, and only if the bank fails to appoint a qualified candidate within a specified period, the Registrar may appoint an eligible officer. The key difference lies in the source of appointment: a temporary manager is appointed with the consent of the Apex Society from its cadre, while a regular manager is appointed by the bank itself, with the Apex Society''''s role being supervisory and procedural rather than direct. The liability of a temporary manager is limited to the scope of the temporary appointment and the conditions set by the Apex Society, whereas a regular manager bears full managerial responsibility and accountability under the bank’s bye-laws and statutory provisions.Checking relevance for N. K. SHARMA VS ABHIMANYU...

Checking relevance for Suresh VS Yeotmal Dist. Central Co-op. Bank Ltd. ...

Checking relevance for N. K. Sharma VS Abhimanyu...

Checking relevance for Arulanandham vs Deputy Registrar of Co-operative Societies, Salem...

Checking relevance for Anmolpreet Singh VS State Of Punjab...

Checking relevance for Pamidimukkala Umadevi, W/o Nalluri Balakrishna VS State of Andhra Pradesh, Rep. by its Principal Secretary, Agriculture and Cooperative Department...

Checking relevance for Controlling Co-operative Central Bank Ltd VS Assistant Commissiner of Labour...

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Checking relevance for Raj Kishore Dhaon VS Registrar Co-Operative Societies U. P. Lucknow...

Checking relevance for Gudimetla Damodar Reddy VS State Of Andhra Pradesh...

Checking relevance for MAHARASHTRA STATE COOPERATIVE HOUSING FINANCE CORPORATION LTD. VS PRABHAKAR SITARAM BHADANGE...

Checking relevance for Ishwar Singh VS State Of Rajasthan...

Checking relevance for Central Co Operative Consumers Store LTD. Through Its General Manager VS Labour Court. , H. P. At Shimla...

Checking relevance for State Bank of India VS S. N. Goyal...

Checking relevance for S. S. Rana VS Registrar, Co-operative Societies...

Checking relevance for NOHARLAL VERMA VS DISTRICT CO-OPERATIVE CENTRAL BANK LIMITED, JAGDALPUR...

Checking relevance for Virendra Pal Singh VS District Assistant Registrar, Co-operative Societies, Etah...

Checking relevance for Daluram Kumawat VS State of Rajasthan...

Daluram Kumawat VS State of Rajasthan - 2018 0 Supreme(Raj) 986 : Under the Rajasthan Cooperative Societies Act, 2001, and related rules, a temporary manager (Vyavasthapak) in a cooperative bank is not an employee of the primary cooperative society (PACS) but is an employee of the District Level Central Cooperative Bank. This is established through the appointment, transfer, termination, punishment, and salary payment mechanisms, all controlled by the Bank. The manager is appointed by the Managing Director of the Bank, transfers are issued by the Bank, punishment authority lies with the Bank, and salaries are paid from a Managerial Salary Fund operated by the Bank. The Supreme Court in Sahakari Samitiyan Vyavasthapak Union vs. State of Rajasthan confirmed that such managers are not officers appointed by or belonging to the PACS, but are employees of the Bank. The duties of a temporary manager include acting as the chief executive of the society, managing its affairs, and maintaining discipline, but the ultimate control and employer relationship rest with the Bank. In contrast, a regular manager (if appointed directly by the society under its own authority) would be an employee of the society, with duties and liabilities tied to the society’s governance and financial obligations. However, in the current structure, even regular managers are effectively employees of the Bank due to centralized recruitment, appointment, and service conditions, making the distinction between temporary and regular managers largely procedural rather than substantive in terms of employer-employee relationship and liability.Checking relevance for Surinder Pal Singh Chhina VS State of Punjab...

Checking relevance for Balbir Singh VS State of Punjab...

• Nature of duty of a temporary manager - A temporary manager in a cooperative bank or society is often appointed provisionally and their duties are primarily governed by the terms of their appointment, which are contractual in nature. Their responsibilities include managing the society's or bank's affairs in the absence of a regular manager, ensuring statutory compliance, and safeguarding public funds. For example, Bank to promote them provisionally in the post of Branch Manager till regular hands join duty ["Shaiju K VS Alappuzha District Co operative Bank Limited No 4203 - Kerala"]. Their duties are limited to the scope of their appointment and do not automatically imply statutory public duties unless explicitly mandated by law.

• Statutory duties and public nature - When a cooperative society or bank is established under specific statutes (e.g., Cooperative Societies Act), the management is subjected to statutory duties that are enforceable by law. The courts have emphasized that the nature of the statutory duty placed upon it, and the Court will enforce such statutory public duty ["Bovaiah VS District Cooperative Central Bank Ltd. , Sangareddya - Andhra Pradesh"]. These duties include safeguarding public interest, preventing fraud, and ensuring statutory compliance, which can render the society or bank a public authority in certain contexts.

• Difference between duty and liability - The duty of a manager (regular or temporary) is to perform statutory and contractual obligations, whereas liability pertains to the legal responsibility for breach of duty or misconduct. A regular manager, being a statutory officer, has a broader scope of duties including compliance with laws, supervision, and accountability, and can be held liable for negligence or misconduct (Liability in case of a regular manager involves accountability for violations or negligence ["Bovaiah VS District Cooperative Central Bank Ltd. , Sangareddya - Andhra Pradesh"]). Conversely, a temporary manager's liability may be limited to the scope of their contractual duties unless gross negligence or misconduct is established.

• Regular manager's responsibilities and liabilities - A regular manager, often a statutory public servant under the Cooperative Societies Act, has duties that include ensuring statutory compliance, safeguarding assets, and performing public functions. They are liable for violations, negligence, or misconduct, which can lead to criminal or civil liability (Liability of a regular manager involves accountability for violations or negligence ["Ashok Kumar Singh vs State of U.P. - Allahabad"]). Their responsibilities are more comprehensive compared to a temporary manager, who acts mainly in an interim capacity.

• Legal distinctions - The main distinction lies in the scope of duties and liabilities: Temporary managers act under contractual terms with limited statutory obligations, while regular managers are bound by statutory duties and are liable for their performance or misconduct under law. The courts have recognized that the management and control are statutorily conferred on the Management Committee or the Board of Directors of the Society by the respective Cooperative Societies Act and not on the authorities under the Cooperative Societies Act ["Shyama Agarwal VS ICICI Bank Limited - Calcutta"], highlighting the statutory framework governing regular managers.

Summary:A temporary manager in a cooperative bank or society is appointed provisionally, with duties primarily governed by the terms of appointment and contractual obligations. They are responsible for managing the institution temporarily but do not carry the same statutory duties or liabilities as a regular manager, who is a statutory officer with broad responsibilities under the Cooperative Societies Act and liable for breaches of statutory duties and misconduct. The key difference is that the duties of regular managers are statutory and public in nature, while those of temporary managers are contractual and limited in scope.