ORAL JUDGMENT

Date : 08-02-2024 Heard learned counsel for the petitioner, learned counsel for the Sasaram Bhabua Central Co-operative Bank Ltd.

Sasaram and learned counsel for the State.

2. Learned counsel for the petitioner submits that the present writ petition has been filed for setting aside the order contained in Memo No.11958 dated 11.12.2019, by which the District Audit Officer, Co-operative Societies, Sasaram, was directed to recover the amount from the petitioner which has been given to him as his monthly salary in accordance with Section 40 of the Bihar Co-operative Societies Act, 1935, in result of illegal regularization of petitioner’s service.

3. Learned counsel for the petitioner submits that the said order has been passed by the Deputy Registrar (Cane), Department of Co-operative Societies, Government of Bihar, Patna, from the office of Registrar, Cooperative Societies, Bihar and copy of the same has been communicated to the Managing Director, District Central Co-operative Societies Limited, Sasaram. Counsel for the petitioner submits that the said order under which direction has been made under Section 40 is absolutely illegal due to two reasons. Firstly, that the sai