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Judgment
Sudhir Narain, J.—This writ petition is directed against the order dated 28th April, 1999 passed by the Deputy Registrar Cooperative Societies, U.P. rejecting the representation of the petitioner.
The Secretary/Chief Executive, Nagariya Sahkari Bank, Respondent No. 3, terminated the services of the petitioner. The petition filed Writ Petition No. 31794 of 1997 challenging the said order. The petitioner was disposed of with the direction that in case the petitioner submits representation to the Registrar of the region concerned along with a copy of the order passed by the Court, he will diposed of the same within a period of two months. The petitioner submitted the representation and the representation has been rejected. The petitioner has challenged this order in this writ petition.
1 have heard Sri M.M. Sahai, learned Counsel for the petitioner and Dr. H.N. Tripathi, learned Counsel for the respondent Bank.
Learned Counsel for the petitioner contended that Respondent No. 1 failed to decide the issue as to what was the area of the operation of the Bank in question. This Court in earlier writ petition has observed as follows :
"In case the area of operation of true Society extends to more than one District or State it will be a Society which is contemplated under Clause IX of Regulation 2 of 1975 Regulations. The factual controversy is whether respondent Bank, Nagariya Sahkart Bank. Ram Katora, Varanasi, is such a society whose area of operation extends to more than one District or State, as contemplated in the aforesaid notification. This aspect shall be considered by the Registrar of the region concerned."
Respondent No. 1 has not considered this aspect. Respondent No. 1 has only considered as to whether the petitioner was afforded an opportunity and the order of termination was ''ustifiecd. In absence of any decision on this question, the order passed by Respondent No. 1 is not sustainable.
In view of the above the writ petition is allowed. The order dated 28th April, 1998 passed by Respondent No. 1 is hereby quashed. The matter shall now be decided by the Registrar, Cooperative Societies, U.P., Lucknow within t\\\\o months from the date of production ol a certified copy of this order and a true copy of the writ petition before him by the petitioner. The petitioner shall also submit a true copy of the representation which he had filed before the Deputy Registrar, Respondent No. 1. The Registrar shall pass the order after affording the opportunity to the petitioner and the respondents concerned.