Pradip Kumar Jena And vs State Of Odisha And Others
2021 Latest Caselaw 12159 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     WP (C) No. 36452 of 2021

            Pradip Kumar Jena and                   ....                         Petitioners
            others
                                                         Mr.B. Routray, Senior Advocate
                                                   appearing along with Mr. S.K. Samal,
                                                                               Advocate
                                                 -Versus -
            State of Odisha and others               ....                  Opposite Parties
                                                                           State Counsel
                            CORAM:
                              DR. JUSTICE B.R. SARANGI

ORDER_ 25.11.2021

Order No. This matter is taken up through hybrid mode. 1 2. Heard Mr. B. Routray, learned Senior Advocate appearing along with Mr. S.K. Samal, learned counsel for the petitioners.

3. The petitioners have filed this writ petition seeking direction to the opposite parties to consider their case for promotion to the higher promotional posts as per HR Policy-2011 taking into consideration the judgment dated 22.03.2003 passed by the Cooperative Tribunal in the matter of continuance of private opposite parties in the regular cadre post of the Bank. They have further prayed for direction to opposite party no.2-Registrar of Cooperative Society to implement its own order dated 04.10.2009 under Annexure-5 in the matter of irregular promotion of private opposite parties in consonance to 1984 Rules and Central Cooperative Bank Staff Rules, 2011 within a stipulated period.

4. Mr. B. Routray, learned Senior Advocate for the petitioners contended that due to some irregular appointment made by the opposite party Nos. 5 to 22, who at one point of time are the members of the committee and have passed the illegal order by extending the benefit of

appointment to some of the persons, consequent upon which those persons, who have been appointed irregularly approached the Cooperative Tribunal by filing Service Dispute Case Nos. 21, 22, 23, 24, 25, 26 and 40 of 2000, seeking for quashing of the proceeding of the meeting held on 11.07.2000 convened by the competent authority on the basis of the audit report for the period from 1995-96 to 1999-2000 and to quash their termination. After due adjudication, the Tribunal dismissed the dispute cases and observed that the Bank is to proceed against the defaulting officers /office bearers if any further illegal engagements have been made by initiating surcharge case forthwith against the officers/office bearers to facilitate them to afford a chance of hearing of the cases on the fixation of liabilities for having flouted the established rules and law. In case the erring officers were held liable for the illegal termination of the recruits for having caused wastage of public money, steps should be taken accordingly. Even though such direction was issued, but no step has been taken against those erring officers, rather they have been allowed to go on promotion. This fact has been pointed out by the petitioners and as such a representation filed before the Registrar Cooperative Societies, which was directed to be disposed of by this Court vide order dated 19.11.2018 in W.P.(C) No. 11213 of 2018. In compliance to the same order dated 04.10.2019 under Annexure-5 was passed directing that if the illegal promotions have been given to such employees by the Management of the Bank by violating service rules, such promotions of the employees should be revisited by a committee consisting of CEO, BBCC Bank Ltd and DRCS, Balasore to find out any violation of rules. It was also further directed that if there is violation of rules in any case or cases, the person concerned be reverted to his/her former post with his/her right to promotion remaining intact when his/her term comes. The whole exercise was to be completed within two months. Accordingly disposed of the representation dated

15.04.2018 in compliance to the order passed by this Court dated 19.11.2018 in W.P.(C) No. 11213 of 2018.

5. Mr. B. Routray, learned Senior Advocate contended that even though the Registrar has passed such an order on 04.10.2019 vide Annexure-5 while disposing of the representation, the same has not been implemented, thereby there is gross inaction on the part of the Registrar, for which he has approached this Court in the present writ petition.

6. This Court is of the considered view that, this Court is not acting as an executing court of the order passed by the Registrar, Cooperative Societies, Odisha. But Mr. Routray, learned Senior Advocate contended that liberty may be granted to the petitioners to pursue their remedy before the Registrar agitating the contentions which has been raised before this Court by way of filing a representation and the said authority may be directed to dispose of the same within a stipulated period.

7. In view of the above, this writ petition stands disposed giving liberty to the petitioners to pursue their remedy before the Registrar, Cooperative Societies, Odisha agitating the contentions which has been raised before this Court by way of filing a representation within a period of fifteen days and in case such a representation is filed, the Registrar shall consider the same and pass appropriate order with regard to implementation of his own order dated 04.10.2019 in accordance with law within a period of two months thereafter.

8. Issue urgent certified copy as per rules.

(Dr. B.R. Sarangi) Judge Arun