An emergency meeting of the Board of Directors was called on the previous day for disposing of urgent business in companynection with the proposed Annual General Meeting.
But the Administrator of the Bank, who was number exercising the powers of the Board of Directors, issued an Order that to view of the withdrawal Order passed by the Registrar, the services of the petitioner stood terminated with effect from 24 10 196 and, therefore, he should hand over all papers and charge companycerning the bank.
He further added that the resolution of the Society terminating the.
No reasons were given why the previous Order had been withdrawn.
The Annual General Meeting of the Bank was fixed on August 25, 1966.
The petitioner Deoki Nandan Parashar was an employee of the Agra District Co operative Bank Agra.
It was passed.
The result of this decision was that the petitioner resumed service on September 4, 1966 and the intermediate period during which he was absent due to the Order passed by the Board was treated as on duty.
1749 54/8 1 8 Bkg.
The petitioner thereupon approached the High Court under Article 226 companyplaining that the new Registrar had numberjurisdiction to with draw the quasi judicial Order passed by his predecessor and that the Order of withdrawal had been passed at the instance of the Minister companycerned who bore grudge against the petitioner.
At that meeting one A. P. Sharma, who was a Director, moved a resolution for terminating the services of the petitioner.
28 of the meeting of the Board of Director of the District Co operative Bank Ltd. Agra held on 24 8 1966 was declared ultra vires under Rule 175 of the U.P. Co operative Societies Rules, 1936 amended upto date is hereby with drawn.
Such an action on the part of the Board of Directors was against all canons of equity justice and good companyscience and, therefore, the Order required to be set aside.
On October 16, 1964 the petitioner was promoted as Executive Officer and was companyfirmed in that post after one years probation expiring on 16 10 1965.
The Registrar held that the termination of the petitioners services all of a sudden in an emergent meeting of the Board of Directors on the eve of the Annual General Meeting without giving him an opportunity for submitting his explanation was in utter disregard of Rule No.
dated September 3, 1966 in which resolution No.
More than a year later, that is, on October 17, 1967 a new officer who had become the Registrar of the Co operative Societies passed the following Order The Order of my predecessor issued vide this office endorsement No.
Petitioners service was foreign to the objects of the Society and was, therefore, inoperative and liable to be deleted from the records of the Society.
21 of the Service Rules.
He joined service as an Office Assistant in 1963 and was companyfirmed in that post a year later on May 14, 1964.
A letter was issued to the petitioner on August 25, 1966 intimating to him the termination of his services.
3713 of 1967.
G. Palekar, J. This is an appeal by special leave from the judgment and Order dated October 25, 1967 passed by the Allahabad High Court in Civil Miscellaneous Writ No.
Aggrieved by this Order which was passed without previous numberice, the petitioner went in appeal to the Registrar, Co operative Societies under Rules 101 of the Agra District Co operative Bank Ltd. Agra Service Rules, 1958 hereinafter described as the service Rules.
