Somesh Sharma vs Kashipur Urban Co-operative Bank Ltd. & another

Heard Mr. Chetan Joshi, learned counsel for the petitioner, Mr. Gopal K. Verma, learned counsel for the respondents and perused the record.

The petitioner is an employee of Kashipur Urban Co- operative Bank Ltd. (in short ''Bank'') as defined in Section 2(L-2) of the Uttarakhand Cooperative Societies Act, 2003. Section 2(L- 2) of the Act is extracted below:-

"2(L-2) "Urban Co-operative Bank" means a primary co-operative bank other than a primary agricultural credit society:- (i) the primary object of which is the transaction of banking business; (ii) the paid up share capital and reserves of which are not less than one lakh rupees; and (iii) the bye-laws of which do not permit admission of any other co-operative society as a member;"

Hon''ble Supreme Court in the case of S.S. Rana Vs Registrar, Cooperative Societies & another reported in (2006) 11 SCC 634 has held that writ petition is not maintainable against a primary cooperative society.

In the present case, petitioner is challenging the order dated 20.07.2017 passed by the Bank, whereby he has been transferred from one branch to another, therefore, considering the judgment of Hon''ble Apex Court (referred above), in my opinion, writ petition is not maintainable, which is liable to be dismissed and is hereby dismissed.