Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15520 of 2025 ====================================================== Santosh Kumar Son of Ganga Prasad Yadav, Resident of Mohallah-Goria Toli, P.S.-Kotwali, P.O.-G.P.O., District-Patna, Pin Code-800001 (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Co-Operative Department, Government of Bihar, Patna.

2.

The Secretary, Co-Operative Department, Government of Bihar, Patna. 3.

The Registrar, Co-Operative Department, Government of Bihar, Patna. 4.

The Assistant Registrar, Co-Operative Department, Government of Bihar, Patna.

5.

The Managing Director, Bihar State Co-operative Bank Limited, Ashok Rajpath, Patna, Pin Code-800004 (Bihar).

6.

The Deputy Managing Director, Bihar State Co-operative Bank Limited, Ashok Rajpath, Patna, Pin Code-800004 (Bihar). 7.

The Branch Manager, Bihar State Co-operative Bank Limited, Ashok Rajpath, Patna, Pin Code-800004 (Bihar).

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the State :

Mr. Government Pleader (13) Mr. Ravi Kumar, AC to GP-13 Mr. Akshay Lal Prasad, AC to GP-13 For the Co-operative Bank : Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-11-2025 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following relief(s):

"A. A writ in the nature of mandamus or any other appropriate writ(s) directing the Respondents to grant/accord promotion to the Petitioner and its consequential benefits from the date of his joining as he has performing his duty since 17.10.1989 on the post of

Patna High Court CWJC No.15520 of 2025(2) dt.13-11-2025 2/3 Deposit Organizer and uptill now he is not granted promotion whereas other similarly situated persons have been granted promotion and enjoying its consequential benefits.

B. For issuance of writ in the nature of mandamus commanding the Respondents to grant promotion as the Departmental Proceeding has been dropped against him which has been started in the year 2017 and he has been exonerated from the charges levelled against him and he was deprived from the promotion since very beginning and year 2017 and 2023 as the Departmental Proceeding was initiated against him on the false and flimsy ground.

C. For grant of promotion after giving 4% weightage as the Petitioner belongs to the Physically Handicapped Category as per the Policy of the Government.

D. For grant of notional promotion from the year 1989 and grant/accorded the consequential benefits as he is entitled for.

E. To any other relief or reliefs to which the Petitioner may be found to be entitled."

3. At the outset, it is submitted by learned counsel for the petitioner that liberty be granted to the petitioner to move before the Registrar, Co-operative Societies under section 48 of the Bihar Co-operative Societies Act, 1935 and a further direction be given to decide the same within a reasonable period.

4. Without going into the merits of the case of the

Patna High Court CWJC No.15520 of 2025(2) dt.13-11-2025 3/3 petitioner, the instant writ application stands disposed of with liberty to the petitioner to file an appropriate application in accordance with law under the Bihar Co-operative Societies Act, 1935 before the Registrar, Co-operative Societies.

5. In case such a case/petition is filed within a period of four weeks, the same shall be decided in accordance with law at the earliest preferably within a period of six months.

6. It is made clear that the Court has not gone into the merits of the case of the petitioner which is to be decided by the authority concerned.

7. The writ application stands disposed of with the above observations.

(Partha Sarthy, J) Saurabh/- U