- (1.) The petitioner Bhimavaram Co-operative Urban Bank Limited (hereinafter referred to as "the Bank")-is a Co-operative Society registered under the A.P. Co-operative Societies Act, 1964. The [headquarters of the Bank are at Bhimavaram. It has branches at Akkiveedu, Tanuku, Attili, Tadepalligudem, Ganapavaram, Nidadvolu and Jangareddygudem, all are situated in West Godavari District. The Bank proposed to open three more new Branches in West Godavari District and sought permission of the Registrar of Co-operative Societies, for creation and filling up of certain posts in the categories of Assistant Secretary & Manager, Accountants, Assistant Accountants, Clerks, Peons. Considering that request, the Registrar of Co-operative Societies by his proceedings in Rc.No.21084/ 99 dated 27-5-1999 accorded necessary approval under Section 116-C of the Act. Thereafter the Bank proceeded to fill up 28 Clerk-cum-Cashier posts by publishing; a notification in the Newspapers on 9-11-1999. As many as 637 candidates responded to that notification. A written test was conducted on 30-1-2000 and 196 candidates were selected for interview. The interview dates were fixed initially to 25th and 26th April, 2000, but, later on postponed to 29th and 30th April, 2000.
(2.) Likewise, for filling up of the 12 posts of peon-cum-watch men, a notification calling for applications was affixed in the office premises of the Bank on 21-3-2000. In response to that, 153 persons have applied. Out of them, 132 persons, who are qualified, were called for interview on 1-5-2000.
(3.) While the matter stood thus, the District Collector, West Godavari District, 1st respondent herein, issued orders in his proceedings Roc. (Co-opn) No. l881 / 2000-F dated 26-4-2000, acting upon a complaint stated to have been given by one Sri P.V.Satyanarayana, a Member of the Bank, directing the Bank to stop the aforesaid proposed interviews until further orders, pending enquiry into the allegations levelled against the Managing Committee. A copy of that order was sent to the Registrar of Co-operative Societies with a request to issue necessary directions to the bank under Section 4(2) of the Act. A copy of that order was also sent to the Divisional Co-operative Officer, Bhimavaram. It appears that the 1st respondent also instructed the Joint Registrar/District Co-operative Officer, 2nd respondent herein, to cause an enquiry under Section 51 of the Act. Thereupon, the 2nd respond issued orders in his proceedings Roc (Co-opn) No. l881/2000-F, dated 27-4-2000 authorizing Sri M.Narasirnha Murthy, District Co-operative Audit Officer, 3rd respondent herein, to conduct an enquiry under Section 51 of the Act into the affairs of the Bank with special reference to representation put in by Sri P.V,Saryanarayana, a Member of the Bank, relating to appointment of staff in V and VII Cadre posts in the Bank. Having regard to the contentions advanced on behalf of the petitioner, I feel it appropriate to extract here under the said order, in toto: "ORDER: In the circumstances reported by Sri Paka Venkata Satyanarayana, a Member of the Co-operative Urban Bank Bhimavaram, in the letter read above, the Joint Registrar/District Coop. Officer, Eluru by virtue of powers vested in him under the terms of G.O.Ms.No.34, F & Agl. (Co-op.IV) Department, dt.16-1-1989 hereby orders an inquiry under Section 51 of the APCS Act 7 of 1964 into the affairs of Co-operative Urban Bank, Bhimavaram with special reference to representation put in by Sri Paka Venkata Satyanarayana, a Member of Bhimavaram Co-op. Urban Bank Ltd., relating to appointments of staff cadre V and Cadre VII posts in Co-op. Urban Bank, Bhimavaram and authorizes Sri M.Narasimha Murthy, District Co-op. Audit Officer, Eluru to conduct the inquiry. The inquiry officer shall submit the date of commencement of the said inquiry forthwith and shall complete by 20-5-2000 positively. The inquiry officer shall submit the inquiry report in triplicate to Divisional Co-op. Officer, Bhimavaram under copy to this office direct. The Divisional Co-op. Officer, Bhimavaram shall initiate action on the report duly submitting a detailed report offering remarks and action proposed thereon. The Divisional Co-op. Officer, Bhimavaram shall furnish a copy to the Cooperative Urban Bank, Bhimavaram for placing it before the General Body".;