Anil Kant Upadhyay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19537 of 2024 ====================================================== Anil Kant Upadhyay son of Late Manik Chand Upadhyay, Resident of Village-Mangraon, Police Station-Kachhwa, District-Rohtas presently residing at Geeta Ghat Colony, Ward No. 10, Fazalganj, Post Office and Police Station-Sasaram, District-Rohtas (Bihar). ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Department of Co-operative, Government of Bihar, Vikash Bhawan, Patna. 2.
The Registrar, Co-operative Societies, Government of Bihar, Patna. 3.
Sasaram Bhabhua Central Co-operative Bank Limited Karaghar More, Sasaram, District-Rohtas through its Chairman. 4.
The Managing Director, Sasaram Bhabhua Central Co-operative Bank Limited, Karaghar More, Sasaram, District-Rohtas. 5.
The Branch Manager, Sasaram Bhabhua Central Co-operative Bank Limited, Chenari Branch, District-Rohtas.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Shankar Pandey, Adv For the Respondent/s :
Mr. Bindhyachal Rai, SC-07 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. Learned counsel for the petitioner prays for following reliefs:- "That this is an application for issuance of an appropriate writ, or order or directions for quashing the order dated 26.04.2024/14.06.2024 passed by Additional Registrar, Co-operative Societies, Bihar, Patna in Award Case No. 143 of 2022 (The Sasaram-Bhabua Central Co-operative Bank Ltd. Through Managing Director Versus Anil Kant Upadhyay and others) by which
Patna High Court CWJC No.19537 of 2024(2) dt.22-08-2025 2/3 learned Additional Registrar passed order for recovery of Rs. 8,25,453.05 Paise with up-to-date interest from the petitioner and further to issue directions to the Respondents to pay the gratuity amount along with statutory and penal interest from the date of retirement and further issue order for recalculating the interest of housing loan which has been wrongly calculated by Respondent No. 3 to 5 and also to pass any other order/orders to which the petitioner found entitled."
3. Learned counsel for the petitioner disputes the amount which has been ordered for recovery which is to the tune of Rs. 8,25,453/- and with up-to-date interest which has been directed to be deducted from the amount of gratuity.
4. On the contrary, learned counsel for the Respondent-State submits that if the amount is being disputed, the petitioner would be at liberty to provide a calculation chart, according to him the actual amount is liable to be paid, for which, it is proposed that the calculation chart with proper representation explaining the liability would be submitted before the Respondent No. 2 (Registrar, Co-operative Societies, Government of Bihar, Patna), who shall be obliged to decide within a period of two weeks from the date of submission and after hearing the Sasaram Bhabhua Central Co-operative Bank Ltd., Rohtas, and after providing due opportunity of hearing and
Patna High Court CWJC No.19537 of 2024(2) dt.22-08-2025 3/3 upon submission of requisite papers for ventilating their grievances, the necessary order shall be passed by the Respondent No. 2 and thereafter, the follow-up actions shall be taken in accordance with law within a period of eight weeks from the date of production/receipt of a copy of this order.
5. Accordingly, the instant writ application stands disposed of.
(Ajit Kumar, J) Jyoti/- U T