Awadeshwar Thakur vs State of Jharkhand and Others

Amareshwar Sahay, J.—Heard the parties.

There are three prayers, made by the petitioner in this writ application which are as follows: --

(1) To direct the respondent No. 2, The Registrar, Co-operative Societies, Government of Jharkhand, Ranchi to dispose of the appeal filed by the petitioner against the order dated 28.2,2001, whereby he has been found guilty in a departmental proceeding.

(2) To quash the order as contained in Annexure-9 issued under the signature of the Executive Officer, Jamshedpur, The Jamshedpur General Consumer''s Cooperative Stores Ltd., Jamshedpur, communicating the order to the petitioner passed by the Deputy Commissioner, Singhbhum East on the basis of the Enquiry Report and further directing the petitioner to deposit Rs. 30,000/-. An amount of Rs. 30,000/-was adjusted against him.

(3) For a direction to the respondents to make the payment of salary to the petitioner from April, 1997 to November, 1997.

So far as the prayer for payment of salary for the period April, 1997 to November, 1997 is concerned, the learned State counsel fairly submitted that the salary for the aforesaid period has not been paid to the petitioner and, therefore, in view of the admission made by the learned counsel for the respondents, the respondents are directed to pay the salary for the aforesaid period to the petitioner within eight weeks from the date of receipt/production of a copy of this order.

So far as the prayer for direction to the Registrar, Co-operative Societies to dispose of the appeal filed by the petitioner against the order dated 28.2.2001 is concerned, admittedly the said appeal has not yet been disposed of by the Registrar, Cooperative Societies and, therefore, I am directing the Registrar, Co-operative Societies to dispose of the pending appeal filed by the petitioner as expeditiously as possible preferably within a period of three months from the date of receipt/production of a copy of this order.

Regarding the prayer for quashing of Annexure-9, whereby the Executive Officer has communicated the order passed by the Deputy Commissioner, is concerned, since the said order of the Deputy Commissioner was not served on the petitioner and, therefore, it is directed that the concerned respondents shall firstly serve the copy of the said order passed by the Deputy Commissioner within two weeks from the date of receipt/production of a copy of this order and then the petitioner shall be given a chance to show cause and to explain and thereafter the Deputy Commissioner may pass an appropriate reasoned order in accordance with law from the date of filing of such show cause, if any, by the petitioner.

Till the find order is passed by the Deputy Commissioner, the order as contained in Annexure-9 dated 12.2.2002 shall be kept in abeyance.

With the above observation and direction this application is disposed of.