Court No. - 16
Case :- WRIT - A No. - 27241 of 2018 Petitioner :- Jai Shanker Mishra Respondent :- Joint Commissioner And Joint Registrar, Cooperative Bareilly, And 6 Others Counsel for Petitioner :- Sanjive Kumar Gupta,Brij Raj Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard learned counsel for the petitioner and Mr. Ashok Kumar Lal who appears for the respondents No. 4 to 7.
2. The counsel for respondents No. 4 to 7 has produced the copies of the orders dated 08.10.2018 and 17.10.2018 passed by the Assistant Commissioner and the Assistant Registrar, Cooperative, Budaun.
3. It has been pointed that the petitioner has been keeping away from the office and he has the keys to the office of the Society despite an order being passed on 23.07.2018 cancelling the attestation of the signatures of the petitioner as Secretary of the Samiti on several complaints being received and inquiry being carried out.
4. Petitioner's prayer in this writ petition is only to the effect for issuance of Mandamus commanding the respondent/President, District Cooperative Bank to recognize the signatures of the petitioner recalling the order dated 23.07.2018 passed by himself.
5. The Chairman of the District Cooperative Bank Limited, Budaun has no role to play. It is the Assistant Registrar who has cancelled the attestation of signatures of the petitioner on the basis of complaints made by the Chairman of the Society on a preliminary fact finding inquiry being carried out.
6. The learned counsel for the petitioner must amend his prayer clause in the writ petition as also amend the array of the parties by impleading Mr. Chandra Shekhar who has now been appointed as Incharge Secretary as his interest is bound to be affected in case of any order being passed by this Court in favour of the petitioner.
7. List this writ petition in the next Cause List.
Order Date :- 20.12.2018 LBY