- (1.) THIS appeal arises out of a writ petition bearing c. R. No. 10604 (W) of 1996 whereby and whereunder the learned Single judge disposed of the writ petition upon holding that the resolution of the managing Committee of the appellant no. 1 dated 27th March, 1976 regarding abolition of the post of Manager was wholly without authority, jurisdiction, competence and right and, therefore, quashed and set aside the said resolution. The other resolution passed by the said Managing Committee terminating the service of the writ petitioner on the ground of abolition of the said post of Manager was also quashed and set aside by the said learned single Judge by the aforesaid judgment and order under appeal.
(2.) THE main question which requires to be decided in this appeal is whether the Managing Committee of the appellant bank could be dissolved on 26th March, 1976 pursuant to the Notification No. 2011-Co-Op/3f-19/76 dated 26th March, 1976 although the said notification was published in the official gazette on May 6,1976.
(3.) THE Managing Committee of the appellant bank by the aforesaid resolution dated 27th March, 1976 abolished the post of Manager of the bank and terminated the service of the writ petitioner as the Manager of the said bank with immediate effect. It was submitted on behalf of the respondent/ writ petitioner that the Managing Committee of the appellant-bank had no authority or jurisdiction to pass any resolution on 27th March, 1976 as the managing Committee of the said appellant-bank was dissolved with immediate effect pursuant to the order passed by the Governor in exercise of the power conferred by the proviso to sub-section (1)of Section 26 of the West Bengal co-operative Societies Act, 1973 issued on March 26,1976 under Notification no. 2011-Co-Op/3f-19/76 dated 26th March, 1976.;