2

14.02.2019

Heard Mr. B. Sahoo, learned counsel for the

petitioners and Mr. B. Senapati, learned Additional

Government Advocate.

The petitioners have filed this writ petition to

quash the letter dated 04.02.2019 issued by opposite

party no.3 to opposite party no.4 in Annexure-10. They

further seek for direction to declare the selection of

petitioners

as

Banking

Assistants

made

by

the

Appointment Committee of Banki Central Co-operative

Bank Ltd. which was held on 01.05.2018 justified one.

Mr. B. Sahoo, learned counsel for the petitioners

contended that the petitioners have already approached

the Registrar, Co-operative Societies, Odisha by filing

Dispute Case Nos.450 of 2018, 451 of 2018, 452 of

2018, 453 of 20-18 and 454 of 2018 which are

subjudiced now. When the matter is subjudiced before

the Registrar, Co-operative Societies, Odisha, opposite

party no.3-Joint Registrar, Co-operative Societies has

passed the order dated 04.02.2019 cancelling the

selection of the petitioners to the post of Banking

Assistant for Banki Central Co-operative Bank Ltd. It is

contended that when the matter is subjudiced before

the

Registrar,

Co-operative

Societies,

Odisha,

subsequent action taken by the Joint Registrar, Co-

operative Societies cannot sustain in the eye of law.

Mr. B. Senapati, learned Additional Government

Advocate contended that when the matter is subjudiced

W.P.C. NO.3482 of 2019

before the Registrar, Co-operative Societies, Odisha, the

petitioner could not have approached this Court by filing

this writ petition and in the event this Court interferes

with the same, it will amount to negative the dispute

cases filed by the petitioners.

Considering the contentions raised by learned

counsel for the parties and after going through the

records, it appears that the petitioners have already

approached

the

Registrar,

Co-operative

Societies,

Odisha by filing application under Section 67-B of the

Orissa Co-operative Societies Act. Any subsequent event

taken place during the pendency of the said case, it

should be brought to the notice of the authority.

Therefore, this Court is not inclined to entertain this writ

petition. However, liberty is granted to the petitioners to

approach the Registrar, Co-operative Societies, Odisha

bringing the fact of subsequent development taken

place.

With the above observation, the writ petition

stands disposed of.

Urgent certified copy of this order be granted on

proper application.

Alok

…..…………………………

Dr. B.R. Sarangi, J.