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Is the chairman of a cooperative bank a public servant?

(Querist) 23 May 2017 This query is : Resolved 
Is Corruption charges over a chairman of a cooperative bank maintanable?
Is he a public servant?
Guest (Expert) 23 May 2017
Corruption Charges could be framed against any one.
Guest (Expert) 23 May 2017
No One is above Law
Guest (Expert) 23 May 2017
You should have Strong Legal Evidence before registering a Complaint.
Guest (Expert) 23 May 2017
Consult A Local Good Senior Advocate to Frame the Complaint Perfectly along with Evidence
Guest (Expert) 23 May 2017
All the Best
VISHAL SAINI (Querist) 23 May 2017
Is he a public servant?
Kumar Doab (Expert) 23 May 2017
Charges of Corruption be framed against any one.
Kumar Doab (Expert) 23 May 2017
None is above Law.
Kumar Doab (Expert) 23 May 2017
One should have irrefutable Legal Evidence before lodging a Complaint.
Kumar Doab (Expert) 23 May 2017
Approach a very able senior local counsel of unshakable repute and integrity with the evidence that you have to draft the complaint.
Kumar Doab (Expert) 23 May 2017
Wish you the best.
Kumar Doab (Expert) 23 May 2017
You may go thru the judgment delivered by HC at Madras:




Madras High Court
The Joint ... vs P.Siva Kumar on 18 November, 2014


https://indiankanoon.org/doc/96342358/








Kumar Doab (Expert) 23 May 2017
You may also examine illustrious judgment:


Bombay High Court
Criminal Revision Application ... vs State Of Maharashtra on 6 May, 2013
Bench: S.C. Dharmadhikari


53. The decisions relied upon by Mr. Warunjikar interpreting Article 12 of the Constitution of India can hardly assist him. For the purposes of issuance of prerogative writs or whether for any other purpose, as enshrined in Article 226 # 44/45 # REVN-353-12.doc of the Constitution of India can Article 12 taken assistance or aid of, was the question in all these decisions. True it is that Private Sector Banks are not subjected to prerogative writs or writ jurisdiction and that would include even Co-operative Banks or Co-operative Societies to certain extent, but to state that the servants of such Societies are beyond the purview of the P.C. Act, 1988 and in all cases and under all circumstances, with respect, is a over statement in law and none of the these decisions have gone to that extent.



https://indiankanoon.org/doc/48651519/

Kumar Doab (Expert) 23 May 2017
If you are PIP search and study.

You can access lots of material.

kavksatyanarayana (Expert) 23 May 2017
A chairman of a Cooperative Bank is not a public servant. Charges of Corruption can be framed against Chair-person of Co-op Bank.
Rajendra K Goyal (Expert) 24 May 2017
Academic query.

State material facts of the problem if any.

How are you concerned / related with the query?

Looks like examination question.
Guest (Expert) 24 May 2017
Agree with Mr.Rk Goyal
Guest (Expert) 24 May 2017
Academic Query
Guest (Expert) 24 May 2017
Well Advised
Kumar Doab (Expert) 24 May 2017
Good to see statement of agreement with expert.
Kumar Doab (Expert) 24 May 2017
Good to see statement of well advised by expert.
Guest (Expert) 24 May 2017
Appreciation Always Welcome
Guest (Expert) 24 May 2017
A Good advise by Good People always to be Agreed
Kumar Doab (Expert) 24 May 2017
Good to see statement of appreciation and welcome with it.
Guest (Expert) 24 May 2017
Appreciation always welcome
Kumar Doab (Expert) 24 May 2017
Good to see statement of good advise by good people and always to be agreed with it.
Guest (Expert) 24 May 2017
Appreciation would be Always Welcome
Guest (Expert) 24 May 2017
Welcome Please
VISHAL SAINI (Querist) 24 May 2017
Ex-Chairman of the cooperative bank charged for embazzlement of funds, but the fact is he resined from office before the fraud actually happened. According to FIR, Ex-chairman after taking bribe, made entry of new directors by making forged documents and resigned from the office. After that the new board commit fraud of 17 crore to which the ex -chairman has no involvement.
*Matter pending in court.
* Charge not framed.
(1) Is chairman is a public servant?
(2) Can a investigation be done by ACD in this matter as he is the ex-chairman?
(3) The ex-chairman got demand notice of joint liability to funish 17 crore, from deputy registrar of cooperative society u/s 101(a)(b) of rajasthan cooperative society act 2001 for attachment before award/ judgement. * My question is, Is this notice of joint liability maintainable?, Or they should serve notice according to personal liblity?
Kumar Doab (Expert) 25 May 2017
Good to see statement of appreciation .
Kumar Doab (Expert) 25 May 2017
Good to see that good advise by good persons should be agreed.


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