Pramod Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 56 of 2019 Pramod Verma S/o Shri Ramadhar Verma, Aged About 39 Years, Peon (Now Terminated), R/o Ashok Nagar, Khamtarai, Tahsil And District - Bilspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Cooperative Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh

2. The Registrar, Cooperative Societies, Indravati Bhawan, New Raipur Chhattisgarh

3. The Joint Registrar, Cooperative Societies, Bilaspur, Chhattisgarh

4. The District Cooperative Central Bank Limited, Bilaspur Through Its Authorized Officer, District Cooperative Central Bank Limited, Bilaspur Chhattisgarh

5. The Chief Executive Officer, District Cooperative Central Bank Limited, Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Shri Raj Kumar Gupta, Advocate For Respondents :

Shri Sameer Behar, P.L.and Shri Jitendra Shrivastava, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 09.01.2019 The challenge in the present writ petition is to the order Annexure P-1 dated 26.11.2018 passed by the Chhattisgarh State Cooperative Tribunal, Bilaspur.

2.

The matter under dispute is the termination of the petitioner vide order

dated 01.09.2018. The Tribunal while dismissing the revision preferred by the petitioner has held that since the petitioner has an alternative statutory remedy under Section 55(2) of the CG Cooperative Societies Act, 1960, the dispute ought to have been raised under the said provision and not by way of a revision.

3.

It is necessary at this juncture to take note of the fact that under similar circumstances this Court has already in more than a couple of writ petitions taken the stand that the matter ought to have been raised and decided under the provisions of Section 55(2) of the CG Cooperative Societies Act. Therefore, this Court is inclined to take the same view in this writ petition also reserving the right of the petitioner to challenge the order of termination before the appropriate forum under Section 55(2) of the CG Cooperative Societies Act.

4.

The writ petitions which have earlier been disposed of by this Court were one which were directly filed before the High Court under Article 226 of the Constitution of India challenging the termination orders. 5.

For the same reason, the present writ petition also in its present form stands disposed of, reserving the right of the petitioner to approach the competent authority under Section 55(2) of the CG Cooperative Societies Act, 1960. Subject to the petitioner raising a dispute, it is expected that the authority concerned shall decide the same purely in accordance with law at the earliest without being influenced by any order passed by any of the authorities.

Sd/- P. Sam Koshy Judge Bhola