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Bhadreshkumar vs State

High Court Of Gujarat|06 July, 2012

JUDGMENT / ORDER

1. By way of this petition, the petitioner has prayed for following reliefs:-
(a)Your Lordships may be pleased to issue a writ of mandamus or any other appropriate, writ, order or direction in the nature of mandamus or any other writ, order or direction, and further be pleased to quash and set aside the order of termination dated 31.10.2011 as it is illegal, erroneous and bad in law;
(b)During the admission, pendency and final disposal of this petition, be pleased to suspend the further operation, implementation and execution of order dated 31.10.2011 and direct the respondent Nos. 1 & 2 not to obstruct the petitioner in discharging his duties as an accountant with a Dadva branch of Bhavnagar District Cooperative Bank and continue to pay the regular salary to the petitioner;
(c) Grant such other and further relief/s as may be deemed fit and proper in the interest of justice;
2. Considering the facts and circumstances of the case, this Court does not deem it proper to entertain this petition since the respondent is the Co-operative Bank. It is well settled law that against the Co-operative Bank, a writ is not maintainable since the same would not be covered within the definition of 'State' under Article 12 of the Constitution of India. Therefore, this petition does not survive, and the same is accordingly dismissed. Notice is discharged. It is clarified that this Court has not expressed any opinion on merits.
[K.S.JHAVERI,J.] pawan Top
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Title

Bhadreshkumar vs State

Court

High Court Of Gujarat

JudgmentDate
06 July, 2012