Shri. Sanjiv Dattatraya Wagh And ORS. v. The Commissioner And Registrar, Co-Operation, Co-Op. Societies And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3583 OF 2016 Balkrishna Bhargavram Likte and Ors.

.. Petitioners -VersusCommissioner and Registrar, Cooperation Cooperative Societies Pune and Anr.

..Respondent Mr.G.S.Godbole i/b. D.S.Patil for petitioners Mr.C.P.Yadav, AGP for State.

WITH WRIT PETITION NO.3586 OF 2016 Sanjiv D. Wagh and Ors.

..Petitioners

Versus

The Registrar & Commissioner for Cooperative Societies and Anr.

..Respondents Mr. Shrivallabh Sitaram Panchpar for petitioners Mr. C.P.Yadav, AGP for State.

CORAM

:

ANOOP V. MOHTA & A.A.SAYED, JJ DATE :

1st April 2016.

P.C.

1] Rule. By consent rule made returnable forthwith. Heard finally.

2] Learned Counsel for the petitioners on instructions make a statement that at this stage the petitioners are not pressing the challenge

to the impugned orders dated 16th July 2013 and 27th January 2016 and they are restricting the prayers only to the show cause notice dated 3rd February 2016 annexed to the petition.

3] Considering the order passed by this Court in Writ Petition Nos. 3206 of 2016 dated 15th March 2016 and in Writ Petition No.2456 of 2016 dated 2nd March 2016, though the Directors were involved in those matters, but the fact that the basic charges, inquiry and the society in question are same so also the nature of show cause notice under section 81(5)(b) of the Maharashtra Cooperative Societies Act, pending appeal against section 88(A) inquiry, we are inclined to pass similar orders in favour of the petitioners who were employees of the same society at the relevant time.

4] Therefore, for the same reason, following order:- "The petitioners to file reply to the show cause notice within one week from today. The concerned respondent to decide the same in accordance with law, preferably within a period of four weeks thereafter. No coercive steps to be adopted against the petitioners till adjudication of the show cause notice and for a period of two weeks from the date of

communication of adverse order to the petition. Petitions are disposed of accordingly. All points are kept open. Petitions are disposed of accordingly. No costs.

(A.A.SAYED, J) (ANOOP V. MOHTA, J)