IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22587 of 2012

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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

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For the Petitioner : Mr. Kishore Kumar Thakur, Advocate

For the Respondents : Mr. Amresh Kr. Singh Gp15

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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