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2023 Supreme(Ori) 104

S. MURALIDHAR, M. S. RAMAN
Sri Benu Madhav Tripathy – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
P.K. Rath, Advocate, A.K. Parija, Advocate, Iswar Mohanty, Advocate, Budhadev Routray, Advocate, Gautam Misra, Advocate, Sunil J. Mathews, Advocate, K.P. Nanda, Advocate

JUDGMENT

Dr. S. Muralidhar, CJ. - Challenging the re-engagement of Sri Gopabandhu Satpathy, Opposite Party (OP) No.7, as Managing Director (MD) of the Odisha State Co-operative Bank Ltd., Bhubaneswar (OP No.8) by a Notification dated 2nd March, 2002 issued by the General Administration and Public Grievance Department (GA Department), Government of Odisha (OP No.2), the present petition has been filed as a Public Interest Litigation (PIL) seeking issuance of a writ of quo warranto.

2. The main ground of challenge is that the above re-engagement is in violation of Section 35-B (1) (b) of the Banking Regulation Act, 1949 (BR Act) as well as Section 28 (3-b) (1) of the Orissa Co-operative Societies Act, 1962 (OCS Act).

3. In the present petition that was filed on 7th April, 2022, notice was issued by this Court on 21st April, 2022. After pleadings were completed this Court, on 14th September, 2022 set down the petition for final hearing. On that date, Sri A.K. Parija, learned Advocate General (AG) appearing for the State of Odisha (OP Nos.1 and 2), stated that in the meanwhile within two weeks a fresh advertisement would be issued for filling up of the post of the MD of the OP No.8-Bank.

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