Paresh Kumar Gautam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6658 of 2018 Paresh Kumar Gautam S/o Shri Rajendra Prasad Gautam Aged About 27 Years Occupation Service (Under Termination) Worked As Supervisor, Jila Sahkari Kendriya Bank Maryadit, Bilaspur, R/o DUP 59, Babji Residency Shubham Vihar, Mangla Police Station Civil Lines, Tehsil And District Bilaspur, Chhattisgarh. Pin 495001, Phone Number 7974325046.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Co-operative Department Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Raipur Chhattisgarh.

2. Registrar Co-operative Societies, Indravati Bhawan, Atal Nagar, Raipur, Chhattisgarh

3. Authorised Officer (Collector) (Officer In Charge) And Chairman Of Staff Sub Committee, Zila Sahkari Kendriya Bank Maryadit, Bilaspur, Chhattisgarh

4. Joint Registrar Co-operative Societies, Old Composite Building, Opposite Collectorate Bilaspur Chhattisgarh.

5. Chief Executive Officer Zila Sahkari Kendriya Bank Maryadit, Bilaspur Chhattisgarh.

----Respondents For Petitioner :

Mr. Ranbir Singh Marhas, Advocate For State :

Mr. R.N. Pusty, Govt. Advocate For Respondent No. 3 & 5.

:

Mr. Jitendra Shrivastava, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 08/10/2018

1. The challenge in the present writ petition is to the order dated 01.09.2018, passed by the respondent No.5.

2. The counsel appearing for the respondents-Bank states that a couple of orders have been passed on the same date i.e. on 01.09.2018, which were challenged before this Court vide the WPS No. 6100/2018 and WPS No. 6310/2018 and in both the cases, this Court has not entertained the writ petitions on the ground of availability of alternative

statutory remedy and this Court had disposed off those writ petitions directing the petitioners to approach the authorities under the Cooperative Societies Act, 1960 for ventilating their grievances.

3. This Court thus is inclined to accept the view taken by this Court in those two writ petitions for this writ petition also, and the present writ petition therefore stands disposed off with a direction to the petitioner to raise a dispute before the concerned authorities i.e. the Registrar, Cooperative Societies under the Act of 1960 under Section 55(2) within a period of 15 days from today and on such representation being made, the authorities concerned would proceed further and decide the same at the earliest preferably within a period of six months, subject to the cooperation rendered by the petitioner as well.

4. In the event, if the petitioner raises a dispute that the authority hearing the dispute, was a party to the dispute at an earlier occasion, then appropriate decision would be taken by the concerned higher authority in the department ensuring that the matter is heard by a person unconnected to the said dispute.

5. Needless to mention that while raising the dispute under Section 55(2) within a period of 15 days, the petitioner would also be entitled to file an application for grant of interim stay, which shall also be decided by the concerned authorities in accordance with rules at the earliest.

6. With the aforesaid observations, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Ved