Chhattisgarh High Court
WPS/10830/2019 of SANTOSH KUMAR NIVSARKAR @ S.K. NIVSARKAR Vs STATE OF CHHATTISGARH on 24 December 2019
HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10830 of 2019 • Santosh Kumar Nivsarkar @ S.K. Nivsarkar, S/o late S.C. Nivsarkar, aged about 52 years, presently working as Chief Executive Officer of Zila Sahakari Kendriya Maryadit, Durg, R/o near Kalibadi Mandir, S.A.F. Line Sindhiya Nagar,
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 10830 of 2019
Santosh Kumar Nivsarkar @ S.K. Nivsarkar, S/o late S.C. Nivsarkar, aged about52 years, presently working as Chief Executive Officer of Zila Sahakari KendriyaMaryadit, Durg, R/o near Kalibadi Mandir, S.A.F. Line Sindhiya Nagar, Durg Tahsiland District Durg C.G.52 years, presently working as Chief Executive Officer of Zila Sahakari KendriyaMaryadit, Durg, R/o near Kalibadi Mandir, S.A.F. Line Sindhiya Nagar, Durg Tahsiland District Durg C.G.
----Petitioner
VERSUS
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1. State of Chhattisgarh through Secretary, Department of Cooperative Affairs,Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District RaipurChhattisgarh.Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District RaipurChhattisgarh.
2. Registrar, Cooperative Societies Chhattisgarh, Indrawati Bhavan, Atal Nagar,Nava Raipur, District Raipur C.G.Nava Raipur, District Raipur C.G.
3. Collector, Durg, District Durg C.G.
4. President Zila Sahakari Kendriya Bank Marydit, Durg C.G. office at G.E. Road,Durg, District Durg C.G.Durg, District Durg C.G.
-------Respondents
For Petitioner : Mr. Ajay Thakre, Advocate For Respondent-State : Mr. Ghanshyam Patel, Government Adv.
For Respondent No. 4 : Mr. Sanjeev Sahu, Adv.
Hon'ble Shri Rajendra Chandra Singh SamantOrder on Board , Judge 24/12/2019
1. Being aggrieved by the order passed by respondent No. 2, exercising powerunder Section 53(B)(i) of the Chhattisgarh Cooperative Societies Act, 1960.under Section 53(B)(i) of the Chhattisgarh Cooperative Societies Act, 1960.
2. It is submitted that in the impugned order, respondent No. 2 has given amandate to remove the petitioner from his present post within a period of 15days which is against the provision of law, therefore, this petition be admittedfor hearing and relief be granted to the petitioner.mandate to remove the petitioner from his present post within a period of 15days which is against the provision of law, therefore, this petition be admittedfor hearing and relief be granted to the petitioner.
3. Learned counsel representing for respondent No. 1, 2 & 3 opposes the petitionand learned counsel appearing for respondent No. 4 submits that the societyhas not initiated action in accordance with the provision of Section 53(B)(i) ofthe Chhattisgarh Cooperative Societies Act, 1960, therefore, the petition hasand learned counsel appearing for respondent No. 4 submits that the societyhas not initiated action in accordance with the provision of Section 53(B)(i) ofthe Chhattisgarh Cooperative Societies Act, 1960, therefore, the petition has been filed pre-maturily.
4. I have heard learned counsel for the parties.
5. Considered on the submissions made by the learned counsel appearing forthe parties and also by going through the documents placed on record. It hasbeen specifically mentioned in the provision of Section 53(B)(i) of theChhattisgarh Cooperative Societies Act, 1960 that after the decision taken bythe Registrar and communicated to the Society, the Society shall afteraffording the opportunity to the Officer concerned of being heard, pass suchorder as it deems fit, therefore, respondent No. 2 has initiated and maderecommendation accordingly. But, it is now for the Society to take actionagainst the petitioner and after affording him opportunity of hearing, passorders in accordance with law. This part of the action is yet to take place.Therefore, the present petition is disposed of at the motion stage. the parties and also by going through the documents placed on record. It hasbeen specifically mentioned in the provision of Section 53(B)(i) of theChhattisgarh Cooperative Societies Act, 1960 that after the decision taken bythe Registrar and communicated to the Society, the Society shall afteraffording the opportunity to the Officer concerned of being heard, pass suchorder as it deems fit, therefore, respondent No. 2 has initiated and maderecommendation accordingly. But, it is now for the Society to take actionagainst the petitioner and after affording him opportunity of hearing, passorders in accordance with law. This part of the action is yet to take place.Therefore, the present petition is disposed of at the motion stage.
6. Respondent No. 4 is directed to consider the representation made by thepetitioner in compliance with the provision of Section 53(B)(i) of theChhattisgarh Cooperative Societies Act, 1960 and pass order in accordancewith law.petitioner in compliance with the provision of Section 53(B)(i) of theChhattisgarh Cooperative Societies Act, 1960 and pass order in accordancewith law.
7. With the aforesaid observation, the writ petition is disposed of.
Sd/-
(Rajendra Chandra Singh Samant)
Vacation Judge