Rameshwar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14907 of 2013 ======================================================

1. Rameshwar Prasad Singh S/O Late Mungeri Lal Singh Resident of Mohalla - 108, Anandpuri, P.S. Srikrishnapuri, District - Patna .... .... Petitioner/s

Versus

1. The State Of Bihar Through Secretary, Co - Operative Department, Govt. Of Bihar, Patna

2. The Registrar, Co - Operative, Government Of Bihar, Patna

3. The Bihar State Co - Operative Marketing Union, Limited, West Gandhi Maidan, Patna Through Its Chairman

4. The Managing Director, Bihar State Cooperative Marketing Union Limited, West Gandhi Maidan, Patna

5. The Special Officer ( Administration ) Bihar State Cooperative Marketing Union Limited, West Gandhi Maidan, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Janardan Prasad Singh, Sr. Advocate Mr. Arbind Kumar Singh, Advocate Mr. Shailendra Kumar Singh, Advocate For the BISCOMAUN : Mr. Surendera Kumar Mishra, Advocate (For Respondent nos. 2 to 5) For the State : Mr. Mirtyunjay Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-11-2016 Heard learned counsel for the petitioner and the learned counsel for the Bihar State Cooperative Marketing Union Limited (BISCOMAUN).

In this case, the petitioner is challenging the order dated 04.10.2012 passed by the Registrar, Co-operative Societies, Bihar, Patna, whereby, the Registrar rejected the claim of the petitioner for grant of revised pay scale in the scale of Rs. 2200-4000 from 05.05.1994 and for the payment of arrears as well as stagnation increments of 6th pay revision scale

Patna High Court CWJC No.14907 of 2013 (10) dt.17-11-2016 2/3 and arrears of dearness allowances.

Learned counsel for the petitioner submits that the petitioner made representation for grant of revised pay scale in the scale of Rs. 2200-4000 from 05.05.1994 and for the payment of arrears and grant two stagnation increment, which was rejected by BISCOMAN.

Learned counsel for the petitioner submits that the petitioner approached this Court in C.W.J.C. No. 13498 of 2006, which was disposed of with a direction to the respondents to take a final decision in the matter within a period of four months, but the respondents did not pass any order as directed by this Court and, later on, the petitioner filed a contempt petition bearing M.J.C. No. 2992 of 2008 before this Court, which was disposed of giving liberty to the petitioner to raise his grievance before the Registrar, Co-operative Societies, Bihar, Patna. The petitioner approached the Registrar, Cooperative Societies, Bihar, Patna, and the Registrar, Cooperative Societies, Bihar, Patna, without dealing the matter properly and independently, by a cryptic order has rejected the claim of the petitioner in Dispute Case No. 172 of 2011. It is well known principle of law that when a quasijudicial body exercises its power to adjudicate the matter, he

Patna High Court CWJC No.14907 of 2013 (10) dt.17-11-2016 3/3 must give the reason so that the litigant or higher authority could know the mind of the authority, who passes the order and it is a part of the natural justice as has been held by the Supreme Court in the case of Chairman and Managing Director, United Commercial Bank and others Vs. P.C. Kakkar reported in 2003(4) SCC 364.

With the aforesaid observations, the order dated 04.10.2012 passed by the Registrar, Co-operative Societies, Bihar, Patna, is set aside and the matter is remanded back to the Registrar, Co-operative Societies, Bihar, Patna. This Court does not give any opinion on the merits of the case, but the Registrar, Co-operative Societies, Bihar, Patna, will dispose of the matter within a period of four months from the date of production of the copy of this order.

Accordingly, this writ application is disposed of. (Shivaji Pandey, J) ajaypd./- U