Nrusingha Nath Dash vs Registrar Of Co-Operative Societies
2024 Latest Caselaw 10049 Ori

Orissa High Court

Nrusingha Nath Dash vs Registrar Of Co-Operative Societies on 11 June, 2024

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C) No.14252 of 2024
            Nrusingha Nath Dash                      ....            Petitioner
                                    Mr. Bhabani Sankar Tripathy(1), Advocate
                                         -versus-
            Registrar of Co-operative Societies,     .... Opposite Parties
            Odisha and others
                              Mr. P.K. Mohanty, Additional Standing Counsel
                                  CORAM:
                  HON'BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.                                     ORDER
   01.                                       11.06.2024

This matter is taken up through Hybrid Mode.

2. Mr. Bhabani Sankar Tripathy, learned counsel for the petitioner submits that the Deputy Registrar of Co-operative Societies, Dhenkanal Division being appointed as Arbitrator issued summons to witness vide Annexure-4 in Dispute Case No.160 of 2020 instituted against one Sri Sanjaya Kumar Satapathy, Ex-Banking Assistant, Badasathiabatia in the district of Dhenkanal. He further submitted that the petitioner was Ex- Chief Executive Officer (Ex-CEO) from 22.06.2011 to 11.08.2016 and on attaining the age of superannuation, he was allowed to retire from service with effect from 31.03.2017. It is submitted that vide Annexure- 8, the Arbitrator of Co-operative Societies delivered judgment by fixing liability to restore the loss to the tenure of Rs.34,37,950/- with 18 % interest.

3. The Petitioner stated to have been served with notice under Section 28(3)(e) of the Odisha Co-operative Societies Act, 1962 on

06.02.2024 against which the petitioner has submitted representation on 30.04.2024. Without considering said representation, the Chief Executive Officer of Angul United Central Cooperative Bank Ltd., Angul (for short "AUCCB") has issued notice on 08.05.2024 under Section 28(3)(e) of the said Act, instructing the petitioner to deposit the aforesaid amount within one week.

4. Issue notice to the opposite parties.

5. Since Mr. P.K. Mohanty, learned Additional Standing Counsel appears and waives notice on behalf of opposite party nos. 1 and 2. Let requisite number of copies of the writ petition be served on him so as to enable him to file response.

6. Notice be issued to opposite party No.3 by Registered/Speed Post with A.D. fixing a short returnable date, requisites for which shall be filed within seven working days.

7. List this matter in the week commencing 22.07.2024 before the assigned Bench. Counter, if any, be filed on or before that date.

8. As an interim measure, no coercive action shall be taken against the petitioner pursuant to notice dated 08.05.2024 vide Annexure-7 till 26.07.2024.

(M.S. Raman) Vacation Judge Suchitra

Designation: JUNIOR STENOGRAPHER

Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Jun-2024 18:30:19