Hiranath Banjara v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6725 of 2018 Hiranath Banjara S/o Shri Jagatram Banjara, Aged About 44 Years Occupation Service Posted As Assistant Society Manager/clerk, Adim Jati Seva Sahkari Samiti Maryadit, Ludeg, Registration No. 96, R/o Village Bagaijhariya, Post Kadro, Tahsil Patthalgaon, District Jashpur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Cooperative Society, Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

2. Registrar, Co-Operative Society, Indrawati Bhawan, Capital Complex, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

3. Assistant Registrar, Co-Operative Society, Jashpur, Tahsil Complex, First Floor, In Front Of District And Sessions Court, Raigarh Road Jashpur, District Jashpur Chhattisgarh

4. President, Adim Jati Seva Sahkari Samiti Maryadit, Ludeg, Registration No. 96, Ludeg, District Jashpur Chhattisgarh ----Respondents For Petitioner :

Mr. Sunil Sahu, Advocate For State :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 09/10/2018

1. The challenge in the present writ petition is to the order Annexure P/1 dated 18.09.2018, whereby the Assistant Registrar, Cooperative Societies has ordered the respondent No.4 to take appropriate decision for canceling the appointment of the petitioner.

2. While issuing the said order, the respondents have made certain allegations in respect of the promotion being given without properly considering the requisite eligibility criteria of the petitioner.

3. Perusal of the record would show that there is an efficacious alternative statutory remedy available to the petitioner, in as much as the matter

can be challenged by way of raising a dispute before the authorities concerned under Section 55(2) of the Cooperative Societies Act.

4. Reserving the right of the petitioner to approach the respondent No.2 under Section 55(2) of the Cooperative Societies Act along with an application for interim relief, the present writ petition stands disposed off.

5. Taking into consideration the entire facts and circumstances of the case, subject to the petitioner raising a dispute along with an application for interim stay within a period of 15 days from today, there shall be an interim protection, so far as the service of the petitioner is concerned, till the date the petitioner avails the remedy before the respondent No.2. Thereafter it shall be open for the respondent No.2 to take a decision on the application so filed by the petitioner.

6. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved