Chandrachud, J. - (1.) This is an appeal by special leave against the judgment D/- 9-2-1970 of the High Court of Orissa, setting aside the order dated August 21, 1968 passed by the Registrar of Co-operative Societies and the order dated August 26, 1968 passed by the President of the Nayagarh Co-operative Central Bank Ltd. The Bank is the first appellant while its President is the second appellant in this appeal. Respondent No. 1, Narayan Rath, has filed the writ petition in the High Court asking that the aforesaid orders removing him for service should be set aside. Respondent No. 2 is the Registrar of Co-operative Societies, Bhubaneshwar, Orissa.
(2.) Respondent No. 1 was functioning as a Secretary of the Nayagarh Co-operative Central Bank from May 25, 1955 till May, 13, 1968. On August 21, 1968, the Registrar passed an order disapproving the appointment of respondent No. 1 as secretary of the Bank on the ground that he was functioning as a secretary without his approval and that he was not qualified to hold the post of a secretary. On August 26, 1968, the President of the Bank issued an order terminating the services of respondent No. 1 and that order was ratified by the Board of Management of the Bank on September 4, 1968. On August 28, 1968, the respondent filed a writ petition (O.J.C. No. 863 of 1968) challenging the order whereby his services were terminated. The High Court having allowed that writ petition, the appellants have filed this appeal by special leave of this Court.
(3.) The learned Advocate - General appearing on behalf of the appellants contends that the High Court was in error in taking the view that a writ application under Art. 226 of the Constitution can lie against a Co-operative Society registered under the Co-operative Societies Act. This is a question of farreaching importance, but in view of the facts of this case we do not think that it is necessary to decide it. As stated above, respondent No. 1 was appointed as a secretary of the Bank on May 25, 1955 and the appointment was made in a meeting over which the Registrar of Co-operative Societies had himself presided. Beyond informing the Bank from time to time that appropriate steps may be taken to terminate respondent No. 1's services, nothing at all was done by the Registrar either for regularising the appointment of respondent No 1 or for removing him from service. It was thirteen long years after the date of appointment that on August 21, 1968 the Registrar issued an order disapproving the appointment of respondent No. 1 as secretary of the Bank. It was in pursuance of that order that the President issued an order five days later terminating the services of respondent No. 1. The President's order was ratified by the Board of Management on September 4, 1968.;