Ravindra Nath Pathak vs The State Of Bihar And Anr
2021 Latest Caselaw 247 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7428 of 2018
     ======================================================

Ravindra Nath Pathak, son of Late Rajeshwari Nath Pathak, Resident of Mohalla - Pathaktoli, Sherghati, P.S. - Sherghati, District - Gaya.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Cooperative Department, Government of Bihar, Patna

2. The Managing Director, Magadh Cooperative Bank, Gaya, P.S. - Gaya Town, District - Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Advocate Mrs. Manini Jaiswal, Advocate For the State : Mr. Santosh Kumar Mishra, AC to SC 25 For the Resp.-Bank : Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 21-01-2021

Heard learned counsel for the parties.

In this application, the petitioner has sought for retiral

benefits mentioned in paragraph 1 of the writ application.

Petitioner retired from the post of In-Charge Branch

Manager of the Magadh Cooperative Bank on 31.08.2017 from

Sherghati Branch. The pensionery benefit was refused by the

Managing Director of Magadh Cooperative Bank, who is

respondent no. 2 herein.

A preliminary objection has been raised that a

cooperative bank is not "State" or "State machinery" within the

meaning of Article 12 of the Constitution of India until the

management of the Bank is taken over from the Managing Patna High Court CWJC No.7428 of 2018 dt.21-01-2021

Committee and is replaced by an administrator appointed by the

Registrar, Cooperative Societies. Reliance was placed on a Special

Bench Judgment of this Court reported in 2014(1) PLJR 695 (The

Organizer, Dehri C.D. & C.M. Union Limited vs. The State of

Bihar & Ors.).

Though the learned counsel for the petitioner had

sought for adjournment to produce any order whereby the

Managing Committee of the Bank was superseded by an

administrator appointed by the competent authority of the State,

however, no such order has been produced.

Hence, prima facie, the said cooperative Bank is run by

a Managing Committee and, as such, the Cooperative Bank is not

a "State" within the meaning of Article 12 of the Constitution of

India. Therefore, this writ application is not maintainable.

Accordingly, it stands dismissed.

However, the petitioner would be at liberty to pursue

any other legal remedy available before any other forum.

(Birendra Kumar, J)

Kundan/-

AFR/NAFR                N.A.
CAV DATE                N.A.
Uploading Date          22.01.2021
Transmission Date       22.01.2021