R.A.Sharma, J. - (1.) Petitioner, who an employee of Hindustan Commercial Bank, retired in 1978 form sevice on attaining the age of 60 years. Thereafter he was as Secretary of Bank Karamchari Co-operative Credit Society, Birhana Road. Kanpur on fixed honorarium of Rs 500 per month. By order 20-12-1983 he was suspended on account of certain charges of misconduct. Being aggrieved by it he filed this writ petition in 1990.
(2.) Learend counsel for the respondent No. 3 has a preliminary objection to the effect that this writ petition is not maintainable, because of the fact that the Co-operative Society of which the petitioner was the Secretary was not a statutory authority and there was no statutory rules and reputations governing his condition of service. Learned counsel for the petitioner has stater) that the petitioner's society is a central and, therefore, the conditions of service are governed by statutory regulation. This contention of the learned counsel is devoid of merit.
(3.) 'Central Society' has been defined by Section 2 (d-1) of the U.P. Co-operative Societes Act (hereinafter referred to as the Act), according to which' Central Society' or Central Co-operative society means a Co-operative society, which has any co-operative as its ordinary member and is not a primary co-operative society, "One of the essential conditions of the central society is that any other co-operative society should be its ordinary member. There is neither any averment in the writ petition and the rejoinder affidavit that the petitioner's a central society nor is there anything on the record to show that conditions of the petitioner are governed by statutory rules and regulations. Reliances by the learned counsel for the petitioner on paragraph 4 on the counter affidavit can be no assistance to him because this paragraph also does not contain any such allegation. On the other hand in paragaph 5 of the caunter affidavit it is specifically mentioned that the petitioner's society is a private body. Full Bench of this Court in Radha Charan Sharma v UP. Co-operative Federation. 1982 ALR 342 has held that co-operative society is not an authority within the meaning of Article 12 of the Constitution unless it is an instrumentality of the State In the instant case there is nothing on the record to establish that the petitioner's society is the instrumentality of the State. In Aley Ahmad Ablbiv. District Inspector of Schools, AIR 1977 All 539 FB it has been laid down that even a person of society will be amenable to the writ jurisdiction under Article 226 of the Constitution if it exercises any statutory power or discharges statutory duties. In the instant case that is also not the position. The preliminary objection raised by the learned counsel for the respondent is therefore, liable to be accepted.;