- (1.) HEARD Shri R.N. Singh, learned Senior Advocate assisted by Shri Dharmendra Kumar, learned counsel for the petitioner, Shri Sujeet Kumar Rai has appeared for respondent no. 3 and Shri Zafar Naiyyar, Additional Advocate General assisted by Shri M.C. Tripathi has accepted notice on behalf of respondent nos.1 and 2. No notice is issued to the respondent nos.4 and 5 in view of the order which is being passed.
(2.) BY this petition, the petitioner, who is Chairman of District Co -operative Bank, Banda has prayed for quashing the order dated 23/12/2011, issued by the Joint Registrar,Co -operative Societies, U.P. Chitrakoot Dham Mandal, Banda, under Section 38(2) of the U.P. Co -operative Societies Act, 1965 (hereinafter called the "Act, 1965") by which the petitioner was asked to show cause as to why the petitioner be not removed. Learned counsel for the petitioner challenging the order dated 23/12/2011, contended that the notice under Section 38(1) was issued on 30/11/2011 directing the Committee of Management to take appropriate decision regarding removal of the petitioner and the Committee of Management fixed the meeting on 09/12/2011 and thereafter again the meeting was fixed on 27/12/2011. However, due to non -availability of relevant materials, decision could not be taken by the Committee of Management. He submits that the Joint Registrar ought to have waited till the decision of the Committee of Management and the respondent no. 2 committed error in proceeding against the petitioner by issuing notice dated 23/12/2011 under Section 38 (2) of the Act, 1965.
(3.) LEARNED counsel for the respondents submits that time was allowed to the Committee of Management to take action against the petitioner till 20/12/2011, but the Committee of Management failed to take action against the petitioner within time allowed which empowered the Joint Registrar to proceed under Section 38(2) of the Act, 1965. A perusal of the order impugned indicates that the Joint Registrar has issued a show cause notice to the petitioner since the Committee of Management could not take a decision by 20/12/2011.;