Dinesh Kumar Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.6389 of 2016 Dinesh Kumar Soni S/o. Ratan Lal Soni, Aged About 40 Years R/o. Gaya Nagar, Ward No. 5, Mararpara, Near Deshmukh Kirana Store, Durg, District Durg (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Cooperative Societies, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh)

2. Registrar, Cooperative Societies, Indravati Bhawan, 3rd Floor, New Raipur, District Raipur (Chhattisgarh)

3. Deputy Registrar, Cooperative Societies, Bemetara, District Bemetara (Chhattisgarh)

4. Chief Executive Officer, Zila Sahakari Kendriya Bank, Maryadit, Durg, District Durg (Chhattisgarh) ---- Respondents For Petitioner : Ms. Naushina Ali, Advocate.

For State : Shri Prasun Bhaduri, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24/11/2016 (1) Heard.

(2) Learned counsel appearing for the State/respondents submits that the impugned order dated 10.06.2016 and chargesheet dated 19.07.2016(Annexures P/1 & P/2) passed by the respondent No.4 ie. Chief Executive Officer, Zila Sahakari Kendriya Bank, Durg is appealable before the respondent No.3

i.e. Deputy Registrar, Cooperative Societies, Bemetara under Section 55 of the Cooperative Societies Act, 1960. (3) At this stage, learned counsel appearing for the petitioner submits that the petitioner may be permitted to prefer an appeal before respondent No.3 i.e. Deputy Registrar, Cooperative Societies, Bemetara within a period of 15 days from today. (4) The prayer appears to be fair and reasonable. (5) The writ petition is accordingly disposed of with a direction to the petitioner to prefer an appeal before the respondent No.3 i.e. Deputy Registrar, Cooperative Societies, Bemetara . If such appeal is filed by the petitioner within a period of 15 days from today and, in turn, the said authority shall consider and decide the same in accordance with law preferably within a period of three months from the date of receipt of copy of this order along with appeal of the petitioner . The petitioner is at liberty to raise all the grounds including that orders dated 10.06.2016 and 19.07.2016 passed by respondent No.4 are without jurisdiction and without authority of law.

Sd/- (Sanjay K. Agrawal) Judge L/-