- (1.) The facts, inter alia, before the Division Bench, in short compass, are that Vijay Behari Srivastava, the writ petitioner was appointed as Secretary in the U.P. Postal Primary Co-operative Bank Limited on 25.6/9.7.1988 in pursuance of resolution passed by the Committee of Management of the U.P. Postal Primary Co-operative Bank Limited. The said decision of the Committee of Management was approved by the Annual General Body Meeting of the said Society on 29.6.1990. The petitioner was confirmed on the post of Secretary in the said Bank on 1.7.1990, but on 3.2.1994, he was directed to hand over the charge of the post of Secretary to another person and was reverted to the post of Accountant. Being aggrieved against the said order the petitioner moved the instant writ petition under Article 226 of the Constitution of India seeking the following reliefs : (i) issue a writ of mandamus or a writ, order of direction in the nature of mandamus commanding the opposite parties to allow the petitioner to function on the post of Secretary in the Bank. (ii) issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding/restraining the opposite parties not to revert the petitioner from the post of Secretary of the Bank on which he was substantively appointed without following the procedure laid down in Regulations 84 and 85 of the U.P. Co-operative Societies Employees Service Regulations, 1975. (iii) issue a writ of certiorari or a writ, order, or direction in the nature of certiorari to summon the record of proceedings dated 1.9.2000 of the Committee of Management of the Bank and quash the decision of the Committee of Management for taking over the charge of the petitioner from the post of Secretary and handing over the charge of the post of Accountant to the petitioner. (iv) grant such other order, or direction to which the petitioner may be held entitled under the law. (v) award costs of the writ petition in favour of the petitioner.
(2.) The petitioner has arrayed U.P. Postal Primary Co-operative Bank Limited through its Vice Chairman as respondent No. 1 in the present petition.
(3.) The case of the petitioner is that the Bank is a primary Co-operative Society, whose area of operation is extended to more than one district. The Head Office of the Bank is at 3, Balmiki Marg, Lucknow with branches at Agra, Kanpur, Saharanpur, Varanasi, Jhansi, Allahabad, Barcilly, Nainital, Dehradun etc. According to the petitioner, service conditions of the employees of the Primary Co-operative Society, having its area of operation in more than one district, are to be governed by the UP. Co-operative Societies Institutional Service Board (hereinafter referred to as 'the Board') constituted by the State Government by notification No. 366-C/12-C-3-36-71, dated 4.3.1972 issued under Section 122 of the U.P. Co-operative Societies Act, 1965 (hereinafter referred to as 'the Act') and the amendment of the said notification made subsequently on 7.2.1973, published in the Gazette dated 24.4.1973. The notification by means of which the Board has been constituted is contained in Annexure CA-1 to the counter-affidavit to the writ petition, Annexure A-1 to the petitioner's application for amendment of the writ petition and Annexure R.A. 1 to the rejoinder-affidavit. The Regulations are known as U.P. Co-operative Societies Employees Service Regulations, 1975 made under Section 122 of the Act which reads as under :- "122. Authority to control employees of Co-operative Societies.-(1) The State Government may constitute an authority or authorities, in such manner as may be prescribed, for the recruitment, training and disciplinary control of the employees of Co-operative Societies, or a class of Co-operative Societies, and may require such authority or authorities to frame regulations regarding recruitment, emoluments, terms and conditions of service including disciplinary control of such employees and, subject to the provisions contained in Section 70, settlement of disputes between an employee of a Co-operative Society and the Society. (2) The regulations framed under sub-section (1) shall be subject to the approval of the State Government and shall, after such approval, be published in the Gazette, and take effect from the date of such publication and shall supersede any regulations made under Section 121.";