Ram Naresh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11027 of 2015 =========================================================== Ram Naresh Kumar Son of late Ayodhya kuwar Resident of Village- Maniyappa, P.S. -Matihani District Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Co-operative Department of Govt. of Bihar.

2. The Registrar Co-operative societies Govt of Bihar, Patna

3. The Assistant Registrar, Co-Operative Administrator Central Co-operative Bank Ltd. Begusarai.

4. The District Magistrate-cum- Administrator Central Co-operative Bank Ltd. Begusarai.

5. The Managing Director, Central Co-operative Bank Ltd. Begusarai.

6. The In-charge Development Officer, Central Co-operative Bank Ltd. Begusarai.

7. The District Co-operative officer, Begusarai.

8. The Branch Manager Central Co-Operative Bank Ltd. Begusarai. .... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate Mr. Nand Kumar, Advocate For the State : Mr. RAM BALAK MAHTO, A.G. Mr. Prabhu Narayan Sharma, A.C. to A.G.

For the Bank: : Mr. K.K. Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 17-09-2016 Heard the parties.

A counter affidavit is filed on behalf of the Bank. Let it be kept on record.

The grievance of the petitioner who was discharging duties as In-Charge Assistant in the Buxar Central Cooperative Bank Limited, Buxar is that vide order bearing Memo No. 606 dated 09.11.2013 of the Managing Director, he has been suspended from the service and although a period of almost three years has lapsed but

Patna High Court CWJC No.11027 of 2015 dt.17-09-2016 there is no end to departmental proceedings.

Mr. Kishore Kumar Sinha appearing for the Bank submits on instructions that the proceedings would be concluded within a reasonable time.

Be that as it may, considering that the petitioner is an employee of a cooperative society which is governed by its Board of Directors, a writ remedy would not be available for the petitioner. However, since it is submitted by Mr. Sinha appearing for the Bank on instructions from the Managing Director that the disciplinary proceedings would be concluded within a reasonable time, in case the proceedings are not concluded within the said time the petitioner would be at liberty to take recourse to the remedy available to him under the Cooperative Societies Act, 1935 and the Rules framed thereunder.

In the circumstances discussed, the writ petition is held not maintainable and is disposed of accordingly.

(Jyoti Saran, J) S.Sb/- U