Chattisgarh High Court
Pranay Bharat vs State Of Chhattisgarh on 20 December, 2023
Author: Rajani Dubey
Bench: Rajani Dubey
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 4637 of 2015
Prakash Kumar Pandey, S/o Purushottam Lal Pandey, aged
about 29 years, Post-Branch Manager, Posted at Head Office,
Jila Sahkari Kendriya Bank Maryadit, Resident of Qtr. No.E-229,
K-2 Vihar, CSEB Colony, Darri, Korba West (CG) 495450
--- Petitioner
Versus
1. State of Chhattisgarh, through the Secretary, Cooperative
Societies, Mantralaya, Mahanadi Bhavan, New Raipur, Raipur
(CG)
2. Registrar, Cooperative Societies, Bilaspur, Distt. Bilaspur (CG)
3. Joint Registrar, Cooperative Societies, Bilaspur, Distt. Bilaspur
(CG)
4. Deputy Registrar, Cooperative Societies, Bilaspur, Distt. Bilaspur
(CG)
5. District Cooperative Central Bank, Bilaspur, through its Chief
Executive Officer.
6. Commissioner, Bilaspur Division, Distt. Bilaspur (CG)
---- Respondents
WPS No. 4402 of 2015
Manuraj Jaiswal S/o Gopeshwar Jaiswal, Aged About 30 Years Post - Supervisor, Posted At Mandi Branch, Jila Sahkari Kendriya Bank Maryadit, Resident Of P.H. 12, Jain Colony, Vidyut Nagar, Durg Chhattisgarh 491001
---- Petitioner Versus
1. State Of Chhattisgarh, Through: The Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur Chhattisgarh
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh 2
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh
5. District Cooperative Central Bank, Bilaspur Through Its Chief Executive Officer
6. Commissioner, Bilaspur Division, District Bilaspur Chhattisgarh
---- Respondents WPS No. 4457 of 2015 Yogesh Kumar Yadu S/o Umashankar Yadu, Aged About 32 Years Post Assistant Accountant, Posted At Bilaspur Branch Head Office, Jila Sahkari Kendriya Bank Maryadit, R/o Kapil Nagar Near Bhurangi House Sarkanda, Bilaspur Chhattisgarh 495001, Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya, Mahanadi Bhawan, New Raipur, Raipur Chhattisgarh, Chhattisgarh
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
5. District Cooperative Central Bank, Bilaspur Chhattisgarh, Through Its Chief Executive Officer, District : Bilaspur, Chhattisgarh
6. Commissioner, Bilaspur Division, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
---- Respondents WPS No. 4458 of 2015 Prakash Kashyap S/o Ram Kumar Kashyap, Aged About 28 Years Post - Assistant Accountant , Posted At Head Office, Jila Sahkari Kendriya Bank Maryadit, R/o H. No. 29/144, Parvati 3 Bhawan, Madhuban Road, Dayalband, Bilaspur Chhattisgarh - 495001, Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur Chhattisgarh, Chhattisgarh
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
5. District Cooperative Central Bank, Bilaspur Chhattisgarh, Through Its Chief Executive Officer, District : Bilaspur, Chhattisgarh
6. Commissioner, Bilaspur Division, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
---- Respondents WPS No. 4498 of 2015 Rampratap Singh Rajput S/o Chentansingh Rajput, Aged About 28 Years Post Assistant Accountant, Posted At Jarhagaon Branch, Jila Sahkari Kendriya Bank Maryadit, R/o Vinoba Nagar Near Gayatri Mandir, Talapara Road Bilaspur Chhattisgarh 495001, Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur Chhattisgarh, Chhattisgarh
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 4
5. District Cooperative Central Bank, Bilaspur, Through Its Chief Executive Officer, District : Bilaspur, Chhattisgarh
6. Commissioner, Bilaspur Division, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
---- Respondents WPS No. 4501 of 2015 Beena Sahu D/o. Vinod Kumar Sahu Aged About 24 Years Post Assistant Accountant, Posted At Sakti, Jila Sahkari Kendriya Bank Maryadit, R/o C/o Tikeshwar Sahu Mukti Dham Chowk, New Sarkanda Bilaspur Chhattisgarh 495001, Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur Chhattisgarh, Chhattisgarh
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
5. District Cooperative Central Bank, Bilaspur, Through Its Chief Executive Officer, District : Bilaspur, Chhattisgarh
6. Commissioner, Bilaspur Division, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
---- Respondents WPS No. 4629 of 2015 Pranay Bharat, S/o. K.R. Bharat, Aged About 30 Years, Post Supervisor, Posted At Bilha Branch, Jila Sahkari Kendriya Bank Maryadit, R/o House No. 1-1, Saivatika, Rajnagar Devipuri, Raipur Chhattisgarh 492001.
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur 5 Chhattisgarh.
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh.
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
5. District Cooperative Central Bank, Bilaspur, Through Its Chief Executive Officer.
6. Commissioner, Bilaspur Division, District Bilaspur, Chhattisgarh.
---- Respondents WPS No. 4640 of 2015 Namrata Tiwari, D/o Rajendra Tiwari, Aged About 27 Years, Post Clerk Computer Operator, Posted At Mandi, Jila Sahkari Kendriya Bank Maryadit, R/o Qtr. No. E/299, K2 Vihar, CSEB Colony, Darri Korba, District- Korba, Chhattisgarh 495450.
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur, Chhattisgarh.
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
5. District Cooperative Central Bank, Bilaspur, Through its Chief Executive Officer.
6. Commissioner, Bilaspur Division, District Bilaspur, Chhattisgarh.
---- Respondents 6 WPS No. 4641 of 2015 Manisha Mehar, D/o Sukhdeo Prasad Mehar, Aged About 33 Years, Post Supervisor, Posted At Bilha Branch, Jila Sahkari Kendriya Bank Maryadit, R/o 46/1500, Near Pump House, Kelovihar Colony, Raigarh, Chhattisgarh 496001.
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur, Chhattisgarh.
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
5. District Cooperative Central Bank, Bilaspur, Through Its Chief Executive Officer.
6. Commissioner, Bilaspur Division, District Bilaspur, Chhattisgarh.
---- Respondents WPS No. 4642 of 2015 Mohammad Irfan Ansari, S/o Dost Mohammad Ansari, Aged About 28 Years Post Clerk Computer Operator, Posted At Seepat Branch, Jila Sahkari Kendriya Bank Maryadit, R/o Behind Patwari Training Centre, Near Sub Station 9/A Akash Nagar Bilaspur Chhattisgarh 495006.
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Cooperative 7 Societies, Mantralaya Mahandi Bhawan, New Raipur, Raipur Chhattsigarh.
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
5. District Cooperative Central Bank, Bilaspur, Through Its Chief Executive Officer.
6. Commissioner, Bilaspur Division, District Bilaspur, Chhattisgarh.
---- Respondents WPS No. 4655 of 2015 Mayank Kumar Verma, S/o Raj Kumar Verma, Aged About 25 Years Post Supervisor, Posted At Baloda Branch, Jila Sahkari Kendriya Bank Maryadit, R/o B/3, Rukmani Vihar, Magarpara, Bilaspur, Chhattisgarh 495001.
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur, Chhattisgarh.
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
5. District Cooperative Central Bank, Bilaspur, Through Its Chief 8 Executive Officer.
6. Commissioner, Bilaspur Division, District Bilaspur, Chhattisgarh.
---- Respondents WPS No. 4666 of 2015 Ravikant Gupta, S/o R.P. Gupta, Aged About 26 Years Post Clerk Computer Operator, Posted At Chakarbhatta Branch, Jila Sahkari Kendriya Bank Maryadit, R/o Devnandan Nagar, Phase- 1, Seepat Road, Sarkanda, Bilaspur 495001
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur, Chhattisgarh
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh
5. District Cooperative Central Bank, Bilaspur, Through Its Chief Executive Officer
6. Commissioner, Bilaspur Division, District Bilaspur, Chhattisgarh
---- Respondents WPS No. 4670 of 2015 Anamika Pahari D/o. Mani Ram Pahari, Aged About 30 Years Post Clerk Computer Operator, Posted At Pali, Jila Sahkari Kendriya Bank Maryadit, R/o House No. 99, Kududand, Keshav Singh Marg, Vishnu Nagar Bilaspur District Bilaspur Chhattisgarh
---- Petitioner 9 Versus
1. State Of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur Chhattisgarh
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh
5. District Cooperative Central Bank, Bilaspur, Through Its Chief Executive Officer.
6. Commissioner, Bilaspur Division, District Bilaspur, Chhattisgarh
---- Respondents WPS No. 4671 of 2015 Seema Rani Verma D/o Anand Kumar Verma, Aged About 33 Years Post Clerk Computer Operator, Posted At Head Office, Jila Sahkari Kendriya Bank Maryadit, R/o Arari Patan, District Durg, Chhattisgarh 491111
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur, Chhattisgarh
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh 10
5. District Cooperative Central Bank, Bilaspur, Through Its Chief Executive Officer.
6. Commissioner, Bilaspur Division, District Bilaspur, Chhattisgarh
---- Respondents WPS No. 4675 of 2015 Vikas Kumar Sinha S/o Binay Kumar Sinha, Aged About 31 Years Posted As Supervisor, Posted At Sarkanda, Branch Jila Sahkari Kendriya Maryadit, Bank R/o Devnandan Nagar, Phase 2, Near Balaji Provision, Khamtrai, Road, Bilaspur, Chhattisgarh 495001
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur Chhattisgarh
5. District Cooperative Central Bank, Bilaspur Through Its Chief Executive Officer
6. Commissioner, Bilaspur Division, District Bilaspur Chhattisgarh
---- Respondents WP(S) No. 4676 of 2015 Smt. Priyam Mishra, D/o. Jai Prakash Pandey Aged About 26 years, Post- Society Manager, Posted At Dipka Branch, Jila Sahkari Kendriya Bank Maryadit, Resident of Lahraud NH Road Pithora, Mahasamund (C.G.)
---- Petitioner 11 Versus
1. State Of Chhattisgarh Through the Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur (C.G.)
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
5. District Cooperative Central Bank, Bilaspur through its Chief Executive Officer
6. Commissioner, Bilaspur Division, District Bilaspur (C.G)
---- Respondents WP(S) No. 4682 of 2015 Ku. Kalpana Nirnejak, S/o. Ramanuj Nirnejak Aged About 28 years, Post- Supervisor, Posted At Malhar Branch, Jila Sahkari Kendriya Bank Maryadit, Resident of Parsada Ved, P.O. - Tirkari, B.O. - Maturi, District - Bilaspur Pin - 495551 (C.G.)
---- Petitioner Versus
1. State Of Chhattisgarh Through the Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur (C.G.)
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
5. District Cooperative Central Bank, Bilaspur through its Chief Executive Officer
6. Commissioner, Bilaspur Division, District Bilaspur (C.G)
---- Respondents 12 WP(S) No. 4683 of 2015 Tukesh Kumar Sahu, S/o. Narayan Prasad Sahu Aged About 27 years, Post- Society Manager , Posted At Barpali Branch, Jila Sahkari Kendriya Bank Maryadit, Resident of Village - Birtarai, Post - Kothari, Tahsil - Kartala, District - Korba (C.G.)
---- Petitioner Versus
1. State Of Chhattisgarh Through the Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur (C.G.)
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
5. District Cooperative Central Bank, Bilaspur through its Chief Executive Officer
6. Commissioner, Bilaspur Division, District Bilaspur (C.G)
---- Respondents WP(S) No. 4689 of 2015 Swapna Swarnakar, D/o. L.K. Swarnakar Aged About 24 years, Post- Clerk Computer Operator , Posted At Champa, Jila Sahkari Kendriya Bank Maryadit, Resident of Qtr. No. H/4 Irrigation Colony Champa District Janjgir- Champa, (C.G.)-495671
---- Petitioner Versus
1. State Of Chhattisgarh Through the Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur (C.G.)
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
4. Deputy Registrar, Cooperative Societies, Bilaspur, District 13 Bilaspur (C.G.)
5. District Cooperative Central Bank, Bilaspur through its Chief Executive Officer
6. Commissioner, Bilaspur Division, District Bilaspur (C.G)
---- Respondents WP(S) No. 4753 of 2015 Amrendra Kumar Sahu, S/o. Vinay Kumar Sahu Aged About 29 years, Post- Supervisor, Posted At Katghora Branch, Jila Sahkari Kendriya Bank Maryadit, Resident of MIG- 1/B-95/96, Sharda Vihar, Korba, District - Korba (C.G.)
---- Petitioner Versus
1. State Of Chhattisgarh Through the Secretary, Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur (C.G.)
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur (C.G.)
5. District Cooperative Central Bank, Bilaspur through its Chief Executive Officer
6. Commissioner, Bilaspur Division, District Bilaspur (C.G)
---- Respondents WPS No. 4759 of 2015 Vikas Kumar Dewangan, S/o LT Ramesh Chandra Dewangan, Aged About 32 Years, Post Supervisor, Posted At Barpali Branch, Jila Sahkari Kendriya Bank Maryadit, R/o C/o Roshan Lal Dewangan, Old Bus Stand, Near Post Office Durga Mandir Sarangarh, District Raigarh, Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya Mahandi Bhawan, New Raipur, Raipur Chhattsigarh.
142. Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
5. District Cooperative Central Bank, Bilaspur, Through Its Chief Executive Officer.
6. Commissioner, Bilaspur Division, District Bilaspur, Chhattisgarh,
---- Respondents WPS No. 4760 of 2015 Yugal Kishor Sinha, S/o Shanker Lal Sinha, Aged About 29 Years, Post Supervisor, Posted At Head Office, Jila Sahkari Kendriya Bank Maryadit, R/o Station Para, Ward No. 12, Gali No.5, Rajnandgaon, District Rajnandgaon, Chhattisgarh,
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya, Mahanadi Bhawan, New Raipur, Raipur, Chhattisgarh.
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur.
5. District Cooperative Central Bank, Bilaspur, Through Its Chief Executive Officer
6. Commissioner, Bilaspur Division, District Bilaspur, Chhattisgarh.
---- Respondents WPS No. 4793 of 2015 Sangeeta Rathore, D/o Samat Rathore, Aged About 23 Years, Post Stenographer, Posted At Bilaspur Branch Head Office Jila Sahakari Kendriya Bank Maryadit, R/o Rahas Chowk, Post Gatora, Bilaspur Chhattisgarh 495550.
15---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary Cooperative Societies, Mantralaya Mahanadi Bhawan, New Raipur, Raipur Chhattsigarh.
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
5. District Cooperative Central Bank, Bilaspur, Through Its Chief Executive Officer.
6. Commissioner, Bilaspur Division, District Bilaspur, Chhattisgarh,
---- Respondents WPS No. 4814 of 2015 Khusbhu Shrivas, D/o Mohan Lal Shrivas, Aged About 27 Years, Post Society Manager, Posted At Akaltara Branch, Jila Sahkari Kendriya Bank Maryadit, R/o Q. No. N C- 63, C S E B Colony, Korba East, District Korba, Chhattisgarh.
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya, Mahanadi Bhawan, New Raipur, Raipur, Chhattisgarh.
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
5. District Cooperative Central Bank, Bilaspur, Through Its Chief Executive Officer.
6. Commissioner, Bilaspur Division, District Bilaspur, Chhattisgarh.
---- Respondents 16 WPS No. 747 of 2015 Pradeep Kumar Rathore, S/o Raghuber Singh Rathore, aged about 32 years, Posted as Supervisor, Posted at malhar Branch, Jila Sahkari kendriya maryadit Bank, R/o LIG 09, Sharda Vihar, Near Shiv Mandir, Korba, District Korba (C.G.) 495677.
---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Cooperative Societies, Mantralaya, Mahanadi Bhawan, New Raipur, Raipur, Chhattisgarh.
2. Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
3. Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
4. Deputy Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh.
5. District Cooperative Central Bank, Bilaspur, Through Its Chief Executive Officer.
6. Commissioner, Bilaspur Division, District Bilaspur, Chhattisgarh.
---- Respondents For Petitioners : Mr. Kishore Bhaduri, Sr. Advocate with Mr. Pankaj Singh and Mr. R.S. Patel Advocates.
For Respondent/State : Ms. Meena Shastri, Addl.A.G. For Respondent/Bank : Mr. Prafull N. Bharat, Sr. Advocate with Mr. Jitendra Shrivastava, Advocate.
Hon'ble Smt. Justice Rajani Dubey, J ORDER ON BOARD 20-12-2023 Though all these petitions have been admitted for hearing, however, learned counsel for the respondent/bank has raised a serious objection as to the maintainability of these petitions. Therefore, the said 17 issue is being decided by this common order.
02. Mr. Kishore Bhaduri, learned Sr. Advocate assisted by Mr. Pankaj Singh and Mr. R.S. Patel, Advocates appearing on behalf of the petitioners submits that under Section 59 of the CG Co-operative Societies Act, 1960 the Commissioner has no power to enquire into the matter whereas in the present case, the Commissioner has directed for enquiry. It is submitted that in light of the decision in the matter of Ramswarup Gupta Vs. MP State Co-operative Marketing Federation Ltd. & others reported in AIR 1976 MP 152, all these writ petitions are maintainable before this Court and the petitioners are not required to first avail of the alternative remedy.
03. On the other hand, Mr. Prafull N. Bharat, learned Sr. Advocate assisted by Mr. Jitendra Shrivastava, Advocate, appearing on behalf of the respondent/bank submits that more than 30 petitions have been dismissed by this Court on the ground availability of alternative remedy under Section 55(2) of the CG Co-operative Societies Act (in short "the Act of 1960"). In all these cases, the cause of action and the action on the part of the respondents are one and the same, therefore, in light of previous orders of this Court, the present writ petitions are also liable to be dismissed on the ground that the petitioners have an efficacious alternative statutory remedy under Section 55(2) of the Act of 1960.
Reliance has been placed on the order of this Court dated 20.4.2017 passed in WPS No.1868/2017, Rakesh Kumar Tiwari Vs. 18 State of CG and others, and other connected petitions; order dated 20.4.2018 passed in WPS No.4677/2015 in the matter of Rahul Kumar Soni Vs. State of CG and others; and the order dated 09.01.2019 passed in WPS No.56 of 2019 in the case of Pramod Verma Vs. State of CG and others.
04. Ms. Meena Shastri, learned Additional Advocate General has supported the contention of the respondent/bank.
05. Heard learned counsel for the parties on the question of maintainability of these petitions.
06. It is not in dispute that by a common enquiry, about 105 appointments were cancelled and more than 50 writ petitions were filed by the affected persons before this Court. Some of the petitions were dismissed by this Court on the prayer of the petitioners whereas some petitions were dismissed on the ground of availability of alternative remedy under Section 55(2) of the Act of 1960.
07. Learned counsel for the petitioners has vehemently contended that in the previous writ petitions, objection under Section 59 of the Act of 1960 was never raised and the said issue was not decided by this Court, therefore, the present petitions are maintainable on this ground.
Section 59 envisages inquiry that can be ordered by the Registrar but here in this case, the same has been ordered by the Commissioner.
08. In reply to the above, learned counsel for the respondent/bank submits that a bare perusal of the provisions of Section 59 of the Act of 19 1960 would make it clear that the Registrar may hold an inquiry or cause an inquiry to be made into the specific matters raised in the application pertaining to constitution, working and financial conditions of the society whereas the present case relates to recruitment in which the Commissioner having constituted a committed got the matter inquired into and found that appointments have been made in utter violation of the prescribed norms. All this illegality and perversity can be decided after adducing evidence only. Therefore, in view of Section 55(2) of the Act of 1960, the present petitions are not maintainable as the petitioners have an alternative remedy for redressal of their grievance.
09. This Court in WPS No. 56 of 2019 in the matter of Pramod Verma Vs. State of CG and others observed in paras 3 & 4 of its order dated 09.01.2019 as under:
"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 20 challenging the termination orders."
10. In view of the above, the present writ petitions also in its present form stand disposed of reserving liberty with the petitioners to approach the competent authority under Section 55(2) of the Act of 1960. Subject to the petitioners 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. Consequently, the interlocutory applications, if any, also stand disposed of.
Sd/ (Rajani Dubey) Judge Khan