Court No. - 2 Case :- WRIT - C No. - 28997 of 2010 Petitioner :- S.B.I. Workmen'S Co-Operative Society Ltd. Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Hem Pratap Singh Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Petitioner is permitted to correct the array of the parties.
Heard learned counsel for the petitioner and learned Standing Counsel.
Learned counsel for the petitioner contends that suspension of the committee
of management of cooperative society of the petitioner has been ordered by
order dated 11th May, 2010 exercising power under Section 35(2) of the
Cooperative Societies Act, 1965 whereas neither any proceeding has been
initiated under Section 35(1) of the 1965 Act nor is pending.
A perusal of the impugned order dated 11th May, 2010 indicates that apart
from mentioning certain general allegations no detail of allegations or charges
has been given so as to enable the committee of management to submit a
reply. The order dated 11th May, 2010 has been passed without issuing a
charge-sheet as contemplated under Section 35(1) of the 1965 Act. Although
the committee of management has been asked to appear on 8th June, 2010 but
without there being any detail of charges, the said exercise is not in
accordance with the provisions of the Act.
Let a counter affidavit be filed within three weeks.
List thereafter.
In the meantime, operation of the order dated 11th May, 2010 (Annexure-1 to
the writ petition) shall remain stayed.
Order Date :- 1.7.2010
Rakesh