Madhya Pradesh High Court
Samar Bahadur Singh vs The State Of Madhya Pradesh on 6 March, 2017
1
W. P. No.3487/2015
W. P. No.3487/2015
06.03.2017
Ms. Swati George, learned counsel for the petitioner.
Shri Vikram Johri, learned counsel for the respondent
State.
I. A. No.3039/2017, stands dismissed as withdrawn. Heard on admission.
District Co-Operative Central Bank Ltd. Sidhi, on a finding that nine of its branches i.e.,Sahji, Patpara, Lehchua, Podi, Bagdara, Mada, Karthua, Bagaiya and Kusmi were opened without following any procedure and without any permission from the concerned authority directed for its closure which is order dated 19.02.2015 (Annexure P/1).
Petitioner who were account holder in one of the branches at Patpara have preferred this petition seeking quashment of the order dated 19.02.2015 and a direction to District Co-operative Central Bank not to close its branch at Patpara.
Return has been filed by respondent/Bank stating therein that Patpara Branch has been opened by respondent No.3 without following any Rules and 2 W. P. No.3487/2015 Regulations and without taking any permission of the Higher Authority. It is contended that as per Circular issued by National Bank for Agricultural and Rural Development (NABARD) a branch cannot be opened without permission of Registrar Co-Operative Societies. It is further stated that as per said circular the is to be performed by Core Banking Solutions, whereas the branches which were opened without any permission were found to have been working manually.
It is further contended that the Additional Commissioner, Cooperative Societies vide his letter dated 05.08.2014 directed for closure of these branches as the same was contrary to the norms laid down by NABARD circulated vide its letter dated 28.10.2013 addressed to the Chairman/CEO/MD of State Cooperative Banks calling upon them to ensure that new branches are opened directly under CBS environment only.
It is further observed that, the branch being opened under CBS environment it will necessitate proper planning by the Bank as the ASP vendor has to be intimated in this regard alteast 45 days in advance along with copy of NOC for installation of V-SAT for the branch.
No material has been commended at to establish the 3 W. P. No.3487/2015 procedure as was required to be followed and as was laid down by the NABARD, has been followed to open these nine branches.
It is further noticed that the petitioner has not been prejudicially effected by the closure of this branch as their accounts have transferred to regular established branches.
In view whereof, devoid of merits stands dismissed. There shall be no costs.
(SANJAY YADAV) JUDGE Loretta