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Rajdhar v. State Of U.P. & Others - WRIT - C No. 62708 of 2005 [2005] RD-AH 7009 (6 December 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Sushil Harkauli, J.

Hon. Vikram Nath, J.

The order sheet dated 04.10.2005 indicates that notices were issued by RPAD to respondent nos. 3 & 5. No appearance has been put in by them. According to the annexure no. 3 to the writ petition respondent no. 5 has a long criminal history from several years at least since 1978.

In the circumstances, in the absence of any justification or explanation given by respondent no. 5 his appointment as Director of the District Cooperative Bank appears to be most undesirable. It is not clear from the record that there has been any application of mind with regard to the criminal history of respondent no. 5 before his appointment as Director. We therefore, restrain the respondent no. 5 from acting as the Director of the District Cooperative Bank, Ltd. Lalitpur. However, it would be open to the respondents to appoint any other proper person in place of respondent no. 5. If for this purpose respondent no. 5 is to be removed permanent by the Deputy Registrar will give opportunity by way of a show cause to  respondent no. 5 before passing order for removal.

Respondent no. 4 is represented and seeks time for filing reply. He may file reply within one month. List thereafter.

06.12.2005/ wp 62708/05

v.k.updh. (16)


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