Nandu Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 21715 of 2018 ====================================================== Nandu Ram Son of Dukhi Ram Resident of Mohalla-Ram Raj Nagar, WardNo.07, Aurangabad, P.O.+P.S.+Distt.-Aurangabad (Bihar) ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Co-operative Department, New Secretariat, Patna 2.

The District Magistrate, Aurangabad 3.

The Managing Director, Co-Operative Bank Limited, Aurangabad 4.

The Chief Account Officer, Co-Operative Bank Limited, Aurangabd ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Adv.

For the Respondent/s :

Mr. Uday Shankar Sharan Singh- Gp19 For respondent-Bank :

Mr. Bindhyachal Rai, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-08-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition had though initially been filed for quashing the order of suspension dated 19.09.2018 as also the letter dated 06.09.2018, issued by the Managing

Patna High Court CWJC No.21715 of 2018(10) dt.31-08-2021 2/3 Director, Central Co-Operative Bank, Aurangabad, whereby and whereunder the petitioner had been directed to deposit the defalcated amount, however during the pendency of the present writ petition, the disciplinary authority of the respondent-Bank has passed the order of dismissal dated 11.08.2021 qua the petitioner herein.

The learned counsel for the petitioner Sri Shailesh Kr. Singh, Advocate, in presence of the learned counsel for the respondent-Bank Sri Bindhyachal Rai, Advocate submits that admittedly, there is a provision of appeal before the Registrar, Co-operative Societies, hence the petitioner be granted liberty to file the requisite appeal, however the Registrar be directed to dispose of the same within a stipulated time frame. Having regard to the facts and circumstances of the case and considering the submissions advanced by the learned counsel for the parties, I deem it fit and proper to dispose of the present writ petition with liberty to the petitioner to challenge the order of dismissal dated 11.08.2021 before the learned Registrar, Co-operative Societies, Bihar, Patna and in case, appropriate petition is filed within a period of four weeks from today, the same shall be adjudicated on merits and disposed of by a reasoned and a speaking order, in accordance with law,

Patna High Court CWJC No.21715 of 2018(10) dt.31-08-2021 3/3 within a period of ten weeks, thereafter.

(Mohit Kumar Shah, J) rinkee/- U