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2 Cooperative court quashes promotion of 3 managers
6/10/2010 11:52:24 PM
Early Times report
Jammu, June 10: The Court of Joint Registrar (Special) Cooperative Societies Jammu Division has quashed promotion of three managers who were promoted to the post of Chief Managers on August 7, 2009. In an appeal filed by Kuljeet Rai Manager-III Citizen Cooperative Bank Limited challenging the promotion of three Managers namely Kuldeep Gupta, Ashwani Kapoor and Rajiv Dogra as Chief Managers in Citizen Cooperative Bank Limited and prayed for quashment of order dated August 7, 2009 passed by the Citizen Cooperative Bank Limited through its Managing Director in pursuance to the decision taken in the Board Meeting dated August 1, 2009. The appellant alleged that the private respondents had been promoted to the post of Chief Managers illegally without the mandate of procedures prescribed in the Rule 6 of the J&K Cooperative Societies Service Rule 1988 as also against the law settled by the High Court. The Court of Joint Registrar (Special) Cooperative Societies Jammu Division after hearing the parties observed that provision contained under SRO 233 of 1988, order impugned No 6216-18 dated August 7, 2009 has been passed in violation of the provisions contained in SRO 233 of 1988. District Selection Board under Rule 6, has the vested jurisdiction to make appointment by way of recruitment/transfer and promotion and as such order assailed in appeal is without jurisdiction of the Managing Committee of Bank as per SRO 233. As per admission made in Judicial Proceedings before the Registrar no fresh exercise to complete the process of finalization of seniority of Manager-III was conducted by way of issuing fresh tentative seniority list and therefore finalizing the same by issuing final seniority list. The withholding of annual increments without passing a speaking order tantamount penalty and action of the respondent bank amounts victimization and today quashed the order dated August 7, 2009 and directed the respondents that they shall release within week the annual increments for the year 2007 onwards illegally withheld if not released during pendency of proceedings of the present appeal. (JNF)
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