HIGH COURT OF PATNA
Sadanand Singh – Appellant
Versus
The State Of Bihar and Ors – Respondent
CWJC 22587/2012
['Kishore Kumar Thakur', 'RAJEEV KR SINGH', '', 'Amaresh Kumar Singh']
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22587 of 2012
======================================================
Sadanand Singh Son Of Late Suggi Singh Resident Of Village- Bhalar,
P.S.- Dharhara, District- Munger
.... .... Petitioner
Versus
1. The State Of Bihar, Through The Principal Secretary, Department Of Co-
Operation, New Secretariat, Vikas Bhawan, Bailey Road, Patna
2. Bihar State Co-Operative Marketing Union (Biscomaun) Through Its
Administrator, Gandhi Maidan West, Patna
3. Managing Director, Biscomaun, Null Gandhi Maidan West, Patna
4. Secretary, Biscomaun, Gandhi Maidan West, Patna
5. Senior Range Officer, Biscomaun, South Chhotanagpur Division, Ranchi
.... .... Respondents
======================================================
For the Petitioner : Mr. Kishore Kumar Thakur, Advocate
For the Respondents : Mr. Amresh Kr. Singh Gp15
======================================================
P R E S E N T : HONOURABLE MR. JUSTICE S.N. HUSSAIN
O R D E R
4
19-12-2012
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. This writ petition has been filed by the petitioner for
the following reliefs :-
(i) To set aside the order contained in memo no. 1078
dated 18.09.2012/19.09.2012 issued under the
signature
of
respondent-Managing
Director,
BISCOMAUN, by which by completely ignoring the
legal and valid initial appointment of the petitioner
and others made by the respondent-Administrator,
BISCOMAUN as well as the regularization of such
appointment of the petitioner and others pursuant to
the decision taken in the Executive Committee of the
respondent BISCOMAUN dated 19.05.1983, the
petitioner has been compulsorily retired from the
service of the BISCOMAUN by falsely recording
that the show cause reply expected to be submitted
by the petitioner in response to the show cause
notice issued to him vide letter no. B/660 dated
04.08.2012 has not been received.
Patna High Court CWJC No.22587 of 2012 (4) dt.19-12-2012
2/3
(ii) For a further direction to the respondents to allow the
petitioner
to
continue
in
service
of
the
BISCOMAUN and discharge his usual duties at his
place
of
posting
in
the
Cold
Storage
of
BISCOMAUN at Ranchi. Thereby, the petitioner
prays that the respondents be restrained from
stopping the petitioner from marking his Attendance
Register and they be further restrained from
withholding the salary of the petitioner, considering
the fact that the respondent Administrator who is the
supreme
authority
of
the
BISCOMAUN
establishment and who has been vested with all the
powers of the Board of Directors of BISCOMAUN,
has not approved the action of respondent-Managing
Director of issuance of the impugned order dated
18.09.2012/19.09.2012 and thereby the respondent-
Administrator by his resolution-cum-order contained
in Resolution no. B/1689 dated 19.09.2012 has gone
to the extent of declaring the impugned order dated
18.09.2012/19.09.2012
as
illegal
and
without
jurisdiction.
3. Learned counsel for the respondents submits that
against the impugned order provision of appeal is made under the
relevant rules, but the petitioner without moving the appellate
forum has moved this Court completely overlooking the said
provision of an appeal against the order of the Administrator under
section 14(3) of the Bihar Co-operative Societies, 1935.
4. Learned counsel for the petitioner submits that the
impugned order of the Administrator was in a different context,
but he admits that there is a provision of appeal against the
impugned order. However, due to the urgency of the matter, he
had to move this Court without availing the said remedy of appeal.
Patna High Court CWJC No.22587 of 2012 (4) dt.19-12-2012
3/3
In the said circumstances, learned counsel for the petitioner seeks
permission to withdraw