LAWS(RAJ)-2009-11-151

VIJAY KUMAR SHARMA Vs. JODHPUR NAGRIK SAHKARI BANK LTD.

Decided On November 19, 2009
VIJAY KUMAR SHARMA Appellant
V/S
Jodhpur Nagrik Sahkari Bank Ltd. Respondents

JUDGEMENT

(1.) - These four Special Appeals are arising out of the common judgment of the learned Single Judge dated 11.9.2007 passed in S.B.Civil Writ Petitions No.3887 and 3888 of 2006 filed by respondent - Jodhpur Nagrik Sahakari Bank Ltd. (Later styled as "the Bank"), whereby while allowing the writ petitions, the orders passed by the Minister for the Government of Rajasthan, Department of Cooperative Societies dated 21.2.2006 under Sec. 107 of the Rajasthan Cooperative Societies Act, 2001, hereinafter referred-to as "the Act of 2001", to hear the revision petitions filed by the appellant Vijay Kumar, were declared illegal and quashed and the respondent No.3, who was dismissed as Clerk cum Cashier cum Typist of the Bank vide orders dated 7.7.01 & 21.9.01 of both the writ petition and is also appellant in the aforesaid first two Special Appeals, was left with the liberty to avail the remedy for redressal of his grievance relating to the orders impugned in the revision petitions.

(2.) It is averred that the writ petitions of these Special Appeals were second in nature, as the earlier writ petitions being No.4848/04 and 4849/04 were disposed of on 17.11.05 by the learned Single Judge with the following order:

(3.) When the earlier writ petitions were disposed-of, the reliance was placed on the decision of Ishwar Singh's case, as quoted in the above order, wherein it was held that the State Government was competent to revise the orders passed by the Registrar and Additional Registrar being officers subordinate. The Minister for the Department of Cooperatives, Government of Rajasthan, again started hearing of the above revision petitions and turned down the objections of the respondent - Bank, a Cooperative Bank registered under the Rajasthan Cooperative Societies Act, 1965 (now the Act of 2001) on 21.2.2006 vide Annex.8 of the writ petition, which reads as under: