Satyanarayan Swain v. Registrar,Cooperative Societies, Bbsr
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29984 of 2022 Satyanarayan Swain ....
Petitioner Mr. Baidhar Sahoo, Advocate -versusRegistrar, Cooperative Societies, Bhubaneswar and others ....
Opposite Parties Mr. P.K. Rout, A.G.A
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
18.11.2022 02.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the record.
3.
The present writ petition has been filed by the petitioner with the following prayers:
"It is therefore prayed that this Hon'ble court may graciously be pleased to;
i.
Admit and allow the writ petition of the petitioner and issue notice to the Opp.Parties.
ii.
After hearing the parties, direction may be issued to the Opp. Party Nos.1 to 5 to disallow the Opp. Party No.6 as Managing Director in-charge of Mathili LAMPCS Ltd. and allow the petitioner to continue as Managing Director of Mathili LAMPCS Ltd.
iii.
Direction may be issued to the Opp. Party Nos.1 to 5 to consider the promotion of the petitioner as Managing Director of Mathili LAMPCS Ltd.
// 2 // following the provisions of U/R-5(1)(c) of LAMPCS Staff Service Rules, 2011.
And iv.
To pass such other orders/directions as deemed fit and proper"
4.
It is submitted by learned counsel for the petitioner that the Opposite Party No.6 is working as DEO in Mathili LAMPCS. Although she is not eligible to continue such post, basing upon certain allegations to place her under suspension. It is further contended that as per the Management Committee of Mathili LAMPCS, order dated 21.09.2022 passed in favour of the present petitioner and the same has not been followed. 5.
Learned counsel for the State, on the other hand, submits that since the petitioner has not approached the authorities under the Cooperative Societies Act, he should first approach the authorities under the Cooperative Societies Act by filing representation along with supporting documents and this Court may direct the Deputy Register, Cooperative Societies, Jeypore Division (Opposite Party No.2) to consider the representation of the petitioner in accordance with law within a stipulated period of time.
6.
Considering the aforesaid submissions made by the respective parties, this Court disposes of the writ petition at the stage of admission with a direction to the petitioner to file a fresh representation highlighting his grievances along with copies of the relevant documents in support of his claim before the Deputy Register, Cooperative Societies, Jeypore Division (Opposite Party No.2) within a period of two weeks from today. In the event such a representation is filed within the aforesaid period, the same shall be considered strictly in accordance with law within a period of four
// 3 // weeks from the date of receipt of the representation. The same shall be considered and disposed of by passing a speaking and reasoned order within aforesaid time stipulated. Any decision taken on the same shall be communicated to the Petitioner within a period of two week thereafter.
7.
With the aforesaid observation/direction, the writ petition stands disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge Jagabandhu