Manish Kumar, v. The Bihar State Cooperative Marketing Union Limited (Biscomaun)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7960 of 2026 ====================================================== Manish Kumar, Son of Krishna Prasad Sinha, Resident of D/7 Magadh Vihar, Gardanibagh, P.O.- Anishabad, P.S.- Gardanibagh, District- Patna, Bihar800002. ... ... Petitioner/s

Versus

1.

The Bihar State Cooperative Marketing Union Limited (BISCOMAUN) through the Managing Director, 3rd Floor, BISCOMAUN Tower, West Gandhi Maidan, Patna- 800001.

2.

The Chairman, Bihar State Cooperative Marketing Union Limited (BISCOMAUN), 3 rd Floor, BISCOMAUN Tower, West Gandhi Maidan, Patna- 800001.

3.

The Managing Director, (presently posted as Managing Director in officiating capacity), Bihar State Cooperative Marketing Union Limited (BISCOMAUN), 3rd Floor, BISCOMAUN Tower, West Gandhi Maidan, Patna- 800001.

4.

The Secretary, Bihar State Cooperative Marketing Union Limited (BISCOMAUN), 3rd Floor, BISCOMAUN Tower, West Gandhi Maidan, Patna- 800001.

5.

The Board of Directors, Bihar State Cooperative Marketing Union Limited, 3rd Floor, BISCOMAUN Tower, West Gandhi Maidan, Patna- 800001. 6.

The Central Registrar, Cooperative Society Ministry of Cooperation, Govt. of India, New Delhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Kaushik, Advocate For the BISCOMAUN :

Mr. Bindyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-06-2026 Heard learned counsel for the petitioner and learned counsel for the Bihar State Cooperative Marketing Union Limited (BISCOMAUN).

2. From perusal of the record, it transpires that the counsel for the petitioner has not added the Central Registrar, Cooperative Society as party respondent in this case.

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3. As such, learned counsel for the petitioner is hereby directed to add/implead the "Central Registrar, Cooperative Society, Ministry of Cooperation, Government of India, New Delhi" as party respondent no. 6 in the hard copy of the title page of the present writ petition, in course of the day.

4. Office is also directed to add/implead the "Central Registrar, Cooperative Society, Ministry of Cooperation, Government of India, New Delhi" as party respondent no. 6 in the soft copy of the title page of the present writ petition.

5. Learned counsel for the petitioner submits that the present writ petition has been filed for the following relief/s:- "I. For issuance of an order, direction or a writ of certiorari for quashing and setting aside the order dated 02.04.2025 whereby and where under the petitioner who was appointed as HR Officer, has been suspended with immediate effect with a further stipulation that he shall submit a show cause as to why his contract service should not be terminated despite the fact that the petitioner was a regular employee appointed on probation and not on contract basis.

3/4 II. For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to revoke the suspension of the petitioner with immediate effect and for issuance of an appropriate direction for keeping the impugned order dated 02.04.2025 in abeyance during the pendency of the present writ application.

III. For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to make payment of subsistence allowance to the petitioner along with arrears from the date of suspension as well as for directing the respondents to deduct provident fund contribution of the petitioner during his suspension."

6. Learned counsel appearing for the BISCOMAUN submits that initially, the BISCOMAUN was registered under the Bihar Co-operative Societies Act, 1935. But, since 2014, the status of BISCOMAUN has changed and it is now registered under the Multi State Co-operative Societies Act, 2002 (Act No. 39 of 2002), under which, the Central Registrar, Cooperative Society is the competent authority to redress any dispute relating to the Multi State Co-operative Societies.

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7. In this background, this writ petition is hereby disposed off directing the petitioner to avail his remedy before the Central Registrar, Cooperative Society. In case, the petitioner has already filed a representation before the Central Registrar, Cooperative Society (Respondent no.6) for the grievances, then the Respondent no.6 is directed to pass a reasoned and speaking order on the petitioner's representation, in accordance with law.

(Dr. Anshuman, J) Divyansh/- U