Parmanand Bariha v. Jagmohan Taneja

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 90 of 2018 Parmanand Bariha S/o Late Shri Ghasiya Bariha Aged About 56 Years Supervisior (Suspended) District Co-Operative Central Bank Maryadit, Raipur Branch At Pirda, Tahsil - Pithora, P.S. - Basna, District Mahasamund (Chhattisgarh) R/o Village - Bichiya, P.S. - Saraipali, Distt.-Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh ---- Petitioner

Versus

Jagmohan Taneja Chief Executive Officer, District Co-Opertive Central Bank Maryadit, G.E. Road - Raipur, Tehsil And Distt. Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------- For Petitioner :

Mr. Pawan Shrivastava, counsel for the petitioner ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 02/02/2018 1.

This contempt petition has been filed by the petitioner alleging willful disobedience of the order dated 25-09-2017 passed in WPS No. 5067/2017.

2.

Learned counsel for the petitioner would submit that this Court had directed Chief Executive Officer to decide the petitioner's case towards compliance of an order dated 04-10-2016 passed by the Deputy Registrar of the Co-operative Society said to be affirmed in appeal by the Registrar vide order dated 26.05.2017.

3.

Communication dated 12-10-2017 shows that the petitioner's case was placed for consideration before the appropriate committee through the Chief Executive Officer. The competent authority of the bank opined that as an appeal has already been filed before the Co-operative Tribunal, the petitioner's representation cannot be considered.

4.

Irrespective of the correctness of the decision considering that this Court had passed an order only for consideration, I am not inclined to proceed in contempt proceedings against the authority. Therefore, this contempt petition is dismissed, however, with liberty to take matter before the Tribunal where the matter is pending, for execution of the order passed in favour of the petitioner, unless there is an interim order in favour of respondent, passed by the Co-operative Tribunal. Sd/- (Manindra Mohan Shrivastava) Judge Rohit