Madhya Pradesh High Court
Jila Sahkari Kendriya Bank ... vs Vishnu Dev Mishra on 6 April, 2021
Author: Vishal Dhagat
HIGH COURT OF MADHYA PRADESH PRINCIPAL
SEAT AT JABALPUR
REVIEW PETITION 1812/2019
NO.
Parties Name JILA SAHKARI KENDRIYA BANK
MARYADIT, SIDHI.
VS.
VISHNU DEV MISHRA AND OTHERS.
Bench Constituted Single Bench
Judgment delivered By HON'BLE SHRI JUSTICE VISHAL DHAGAT
Whether approved for YES/NO
reporting
Name of counsel for For petitioners: Shri B.D. Singh, Advocate.
parties
For Caveator: Shri Amit Mishra, Advocate.
Law laid down -
Significant paragraph -
number
(O R D E R)
06/04/2021
Petitioner has filed this review petition for recalling of order
dated 23.09.2019 passed in WP No.18219/2019.
2. Learned counsel for the petitioner submitted that order passed
in writ petition was obtained on basis of misrepresentation and
concealment of several facts. Petitioner has filed documents and has
mentioned entire facts of the case in the review petition. In view of fact
mentioned in the review petition, it is submitted by him that petitioner
had suppressed the facts from this Court and, therefore, order dated
23.09.2019 was passed in WP No.18219/2019. Counsel for petitioner
has mentioned several facts in review petition which has been
chronologically arranged and mentioned in the table given below:-
Sr. Date/Annexures Description of events.
No.
1 30.11.2015 Show cause notice dated 30.11.2015 was
(Annexure-A/12) issued by Chief Executive Officer, District
Cooperative Central Bank, District-Sidhi to
petitioner-Vishnu Dev Mishra seeking
2 RP No.1812/2019
explanation why his contract may not be
terminated due to violation of condition and
irregularities in his appointment.
Deputy Registrar Judicial Cooperative
2 26.02.2016 Society, Bhopal passed order dated
(Annexure-A/3) 26.02.2016 in dispute before him under
Section 55(2) of MP Cooperative Society Act
and ordered that petitioner is having required
qualification for being appointed on post of
Committee Manager. It was further ordered
that petitioner was entitled to get new pay-
scale and other allowances admissible to him
Case No.C-08-2015-16
Petitioner has filed a writ petition
3 09.03.2016 No.390/2016 challenging show cause notice
(Page No.49) dated 30.11.2015. Said writ petition was
dismissed as withdrawn without any liberty
on 09.03.2016.
By letter dated 21.04.2016 Upper
4 21.04.2016 Commissioner rejected the claim of petitioner
(Annexure-A/5) for his regular appointment. Claim was
rejected as there was no provision for
regularization.
Petitioner has filed writ petition
5 29.04.2016 No.7735/2016 making a prayer for direction
(Annexure-A/6) to Bank Zila Sehkari Kendriya Bank Limited,
District- Sidhi to regularize the service of
petitioner and grant him pecuniary benefit and
all other benfit from initial date of
appointment. Petition was disposed of with
direction to petitioner to take remedy
available under the Act.
6 29.07.2016 Petitioner has filed another writ petition
(Annexure-6/A) No.9369/2016 for compliance of order passed
by Deputy Registrar. Court disposed of writ
petition with direction to appellate authority
to decide the appeal pending before it
expeditiously.
7 22.08.2017 Petitioner has filed writ petition
(Annexure-A/7) No.4661/2017.
In said writ petition Court gave direction to
consider the claim of petitioner for
regularization in accordance with law within
three months. Order passed by division
Bench.
8 05.09.2017 FA No.111/2016 filed by petitioner was
(Annexure-A/8) dismissed by Tribunal.
3 RP No.1812/2019
9 24.10.2017 Petitioner has filed Review Petition
(Annexure-A/9) No.12/2017 before Madhya Pradesh
Cooperative Tribunal, Bhopal. Petitioner
draws attention of Tribunal to order passed by
Division Bench of High Court. In view of
order passed by Division Bench, Tribunal
allowed the review application and recalled its
order.
10 14.06.2018 Chief Executive Officer, District Cooperative
(page No.43) Central Bank Sidhi has rejected the claim of
petitioner for regularization as per resolution
of Committee of Administrator.
11 12.11.2018 Petitioner has filed Contempt Petition before
(Annexure-A/11) High Court for non-compliance of order dated
22.08.2017. Said contempt petition was
dismissed on the ground that claim of
petitioner was considered and rejected vide
order dated 26.06.2018.
12 23.09.2019 Petitioner filed a fresh writ petition for
(Annexure-P/1) compliance of order dated 26.02.2016 passed
in case No.C-A-2015-16. High Court disposed
of writ petition with direction to petitioner to
take action as per Section 85 of MP
Cooperative Society Act, 1960.
13 28.11.2019 Petitioner has filed execution application
(Page No.17) under Section 85 of MP Cooperative Society
Act, 1960. Said application for execution was
allowed and Bank was directed to execute
order dated 26.02.2016 within one month,
otherwise contempt and attachment
proceedings shall be initiated against Bank
Authorities.
14 30.11.2019 Deputy Registrar Cooperative Society passed
(Annexure-A/2) an order to comply with the order and submit
compliance report regularising service of
petitioner and giving him all consequential
benefit.
In view of aforesaid fact, counsel for petitioner made a prayer
for recalling of order dated 23.09.2019 passed in WP No.18219/2019.
3. Now it is to be examined from record of writ petition "whether
the facts in writ petition was suppressed by petitioner?"
4. Perused the record of writ petition.
4 RP No.1812/2019
5. After going through the record of writ petition filed by
petitioner, it is found that petitioner has not made any pleadings nor
filed documents giving details of various writ petitions which have been
filed by petitioner. Petitioner has not disclosed about orders passed by
this Court in WP No.390/2016, WP No.7735/2016, WP No.9369/2016
and WP No.4661/2017 and also order dated 22.08.2017 passed in
Contempt petition.
6. From perusal of documents filed by petitioner, it emerges that
respondent No.1 has filed a dispute under Section 55(2) of MP
Cooperative Society Act, 1960 before Deputy Registrar for
regularization and pecuniary benefit arising therefrom. Dispute filed in
Case No.C/08-2015-16 was allowed vide order dated 26.02.2016.
7. District Cooperative Central Bank, District-Sidhi has
challenged order passed in Case No.C/08-2015-16 in FA No.111/2016.
Said appeal was allowed vide order dated 05.09.2017 and matter was
remanded back to Subordinate Court to decide it on merits within a
period of three months after giving opportunity of hearing to the parties
and after recording of evidence. Said order passed in FA No.111/2016
was recalled in review petition filed before Cooperative Tribunal in
view of order passed by Division Bench where order has been passed
for consideration of case for regularization. Pursuant to said order, case
of petitioner was considered and same was rejected on 14.06.2018.
Petitioner has also filed a contempt petition for complying the order
dated 22.08.2017. Said contempt petition was dismissed in view of
order dated 26.06.2018 filed as Annexure-R/1 along with reply. Said
facts have not been disclosed by petitioner in his writ petition, therefore,
order dated 23.09.2019 is recalled and review petition is allowed.
8. Registry is directed to list Writ Petition No.18219/2019 for
hearing on its merits.
(VISHAL DHAGAT)
JUDGE
shabana
Digitally signed by SHABANA ANSARI
Date: 2021.04.08 14:06:24 +05'30'
