Vedvyas Sahu vs The Registrar
2022 Latest Caselaw 3416 Chatt

                                                1


                                                                                       NAFR

                      HIGH COURT OF CHHATTISGARH AT BILASPUR
                                     WPS No. 3328 of 2022
             Vedvyas Sahu S/o Shri Dayaram Sahu Aged About 36 Years Resident Of
             Village - Panduka, Post - Atargaon, Tehsil - Churiya, District : Rajnandgaon,
             Chhattisgarh
                                                                              ---- Petitioner
                                             Versus
          1. The Registrar Cooperative Societies, Indrawati Bhawan Atal Nagar, District :
             Raipur, Chhattisgarh
          2. The Assistant Registrar Cooperative Society, Durg Division, District : Durg,
             Chhattisgarh
          3. The  Deputy Registrar Cooperative        Society,   Rajnandgaon,    District   :
             Rajnandgaon, Chhattisgarh
          4. The Managing Director Sewa Sahakari Samity Maryadit, Kokpur, District :
             Rajnandgaon, Chhattisgarh
                                                                          ---- Respondents

     For Petitioner                    :      Mr. Shayon Kar, Advocate
     For State                         :      Mr. Amrito Das, Addl. AG


                              Hon'ble Mr. Justice P. Sam Koshy
                                       Order on Board

10/05/2022

1. The limited relief that petitioner has sought for in the present writ petition

is for appropriate direction to the respondent no.4 for reinstating the

petitioner in service in the light of the judgment of the acquittal dated

19.03.2021 passed in case no.5621/2013 which has further been affirmed

in criminal appeal no.17/2021 decided on 04.09.2021.

2. Contention of the petitioner is that he was an employee under the

respondent no.4 working on the post of Computer Operator and who was

terminated from service only on the ground of his being involved in a

criminal case and had undergone custody for more than 48 hours.

3. The criminal case finally as resulted in the acquittal of the petitioner and

judgement of acquittal also has been affirmed by the Appellate Court.

Thus, the ground on which the petitioner stood terminated no longer

exists. According to the petitioner he has approached the respondents

but no decision till date has been passed on to the petitioner.

4. Given the said submissions by the counsel for the petitioner, the writ

petition as of now stands disposed off directing the petitioner to approach

before respondent no.4 by way of an additional representation in addition

to the representation that he has made in the past. The respondent no.4

in turn shall take an appropriate decision in the light of the judgment of

the acquittal which stands decided in his favour. The right of the petitioner

would stand reserved to thereafter take appropriate recourse under the

Co-operative Societies Act in case if the decision of respondent no.4 is

adverse to the interest of the petitioner in any manner. Respondent no.4

should positively take an appropriate decision within a period of 60 days

from the date of receipt of copy of this order.

5. With the aforesaid directions, the writ petition stands disposed off.

Sd/-

(P. Sam Koshy) Judge Rohit