# Managing Director U.P. Co-Operative Bank and another v. Chairman, U.P. State

- **Citation:** (2003) 3 ILRA 740
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2003-08-13
- **Case number:** Civil Misc. Writ Petition No. 28946 of 2003
- **Bench:** M. Katju, R.S. Tripathi
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/managing-director-u-p-co-operative-bank-and-another-v-chairman-u-p-state-40187
- **Pages:** 2

## Headnote

Sri T.P. Singh
Sri Anupam Kumar
Sri Niraj Tiwari
http:\\allahabadhighcourt.nic.in

## Text

740 INDIAN LAW REPORTS ALLAHABAD SERIES [2003
who will give the same charge sheet to the
petitioner with supporting documents and
evidences to be relied upon and the
petitioner shall be under the obligation to
receive the same and shall also be under
obligation to know the date fixed to give
explanation, and avail the opportunity of
rendering documents and evidences and
to cross examine the witnesses. Therefore,
the proper date, time and place for
finalization of the enquiry shall be fixed
and after affording proper opportunity of
hearing the inquiry shall be concluded by
the Inquiry Officer. The petitioner is
expected to cooperate in the inquiry and
shall be in touch to the principal to know
the dates and shall not take unnecessary
adjournments and shall render all possible
co-operations to finalize the enquiry. The
enquiry report submitted by the Inquiry
Officer, shall be perused and shall be sent
to the District Inspector and after approval
of the same a proper order shall be passed
in respect of the petitioner within six
months from the date of production of
certified copy of this order to the principal
of the said college and to the District
Inspector of Schools.

In view of the above observations
writ petition is disposed of.

8. Copy of this order be given free
of cost to Sri S. S. Sharma, learned
Standing Counsel and on payment of
usual charges to the learned counsel for
the petitioner within one week.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 13.08.2003

BEFORE
THE HON'BLE M. KATJU, J.
THE HON'BLE R.S. TRIPATHI, J.

Civil Misc. Writ Petition No. 28946 of 2003

Managing Director U.P. Co-Operative
Bank and another
 ...Petitioners
Versus
Chairman,
U.P.
State
Minorities
Commission and others ...Respondents

Counsel for the Petitioners:
Sri B.P. Singh
S.C.

Counsel for the Respondents:
Sri R.N. Singh
Sri C.M. Rai
Sri G.K. Singh
Sri A.P. Sahi
S.C.

Constitution of India Article 226-U.P.
Commission for minorities Act 1994 Sec.
9 (C)- power of Commission- Order pass
attaching Bank Account-Whether the
Commission has power to pass such
order? Held-'No'

Commission are only recommendatory
body-not
empowered
to
pass
such
order/ Direction.
Held- Para 4
Unfortunately, we find that these bodies
are often going beyond their jurisdiction
by passing orders staying termination of
service of some Government employee
passing injunction orders or closing the
accounts etc. which is not within their
jurisdiction at all. These Commissions
should act within their jurisdiction and
not do as they release.
Case law:
J.T. 1996 (10) S.C. 287

http:\\allahabadhighcourt.nic.in
3 All] M.D., Cooperative Bank & anr. V. Chairman, State Minorities Commission & others 741
(Delivered by Hon'ble M. Katju, J.)

1. The Petitioner has challenged the
impugned
order
dated
8.5.2003
(Annexure-17 to the petition) and the
summons dated 4.6.2003 (Annexure-18 to
the petition).

Heard learned counsel for the parties.

2. By the order dated 8.5.2003 the
Chairman,
U.P.
State
Minorities
Commission has directed the U.P. Cooperative Bank, Bareilly to close the
disputed account.

3. Learned counsel for the U.P.
Minorities Commission Sri G.K. Singh
stated that the impugned order has been
withdrawn. Hence this petition has
become infructuous. However, we with to
clarify
that
the
U.P.
Minorities
Commission,
Backward
Caste
Commission
and
Scheduled
castes
Commission are only recommendatory
bodies
and
they
can
only
make
recommendations to the Government.

4. Unfortunately, we find that these
bodies are often going beyond their
jurisdiction by passing orders staying
termination
of
service
of
some
Government employee passing injunction
orders or closing the accounts etc. which
is not within their jurisdiction at all. These
Commissions should act within their
jurisdiction and not do as they release.

5. In All Indian Overseas Bank
Scheduled Castes and Scheduled Tribes
Employees Welfare Association vs. Union
of India, J.T. 1996 10 SC 287. The
Supreme
Court
observed
that
the
Scheduled Caste Commission has no
power of granting injunctions, whether
temporary or permanent. The powers of
the Minorities Commission are mentioned
in Section 9 of the U.P. Commission for
Minorities Act, 1994. Section 9 (c) speaks
of the power to make recommendations
for the effective implementation of
safeguards for the protection of the
interest
of
the
minorities
by
the
Government.

6. There is no clause is Section 9
which permits the Minorities Commission
to pass an order of the kind which has
been passed in this case. We therefore
direct
the
Minorities
Commission,
Scheduled
Caste
Commission
and
Backward Caste Commission that they
must
confine
themselves
to
their
jurisdiction and not pass orders beyond
their jurisdiction.

7. Let the Registrar General of this
Court send a copy of this order to the U.P.
Minorities Commission, U.P. Backward
Caste Commission and U.P. Scheduled
Caste and Scheduled Tribes Commission
forthwith. Petition disposed off.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 28.07.2003

BEFORE
THE HON'BLE M. KATJU, J.
THE HON'BLE R.S. TRIPATHI, J.

Civil Misc. Writ Petition No. 12643 of 2000

Himalay Ayurvedi Medical College and
another

...Petitioner
Versus
The Chancellor and others...Respondents

Counsel for the Petitioners:
Sri T.P. Singh
Sri Anupam Kumar
Sri Niraj Tiwari
http:\\allahabadhighcourt.nic.in