SACHIN SINGH BAGHEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Rejection of I.A. No.01 of 2020 seeking for stay of Annexure P/1 order dated 03.02.2020, whereby the Board of Directors of the 4th Respondent-Bank was suspended by the 2nd Respondent, is put to challenge in this appeal preferred by the Appellants/Writ Petitioners.

(2.) The factual sequence, as pointed out by Shri Prafull N. Bharat, the learned counsel for the Appellants, is that the Appellants were elected as the members of the Board of Directors of the 4th Respondent-Bank, who took charge as the President/Chairman and Members of the Board on 06.06.2016. The normal tenure of the Board is for a period of 'five' years and while they were discharging their duties as above, a show-cause notice was issued proposing supersession under Section 53(1) of the Chhattisgarh Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act of 1960') raising four different allegations/charges against them. The Appellants submitted detailed reply pointing out that two of the four allegations/charges were of the period when the Bank itself was under the acquisition, which was prior to the election/taking charge by the Appellants/Writ Petitioners. In respect of third allegation/charge, it was pointed out that, it was on the request of the President of the Society that a Committee was constituted and irregularity to the tune of Rs.80,73,091/- was found out and special audit was caused to be done by the Deputy Registrar; adding that after getting the report of the special audit, further action would be taken. In connection with the 4th allegation/charge, it is stated that it was on the persuasion of the Collector, that the amount of insurance (Fasal Bima) was deposited in the farmers' account, in which the Board of Directors had no involvement. Despite the explanation given, the 2nd Respondent passed an order of suspension on 03.08.2019; simultaneously appointing a Committee to manage the affairs of the Bank. The said order dated 03.08.2019 was put to challenge in Writ Petition (C) No.2958 of 2019. When the matter came up for consideration on 29.08.2019, no interim order of stay on suspension was granted, but for making it clear that no order shall be passed as to the 'supersession' of the Board. The above writ petition is still pending and the interim order continues.

(3.) While so, yet another show-cause notice was issued raising almost similar averments/allegations and seeking for explanation of the Appellants/Writ Petitioners. On receipt of the said notice, the position was explained in crystal-clear terms; despite which, a new suspension order was passed on 03.02.2020 (Annexure P/1) allegedly pending steps for supersession of the Board under Section 53(1) of the Act of 1960. This is stated as nothing but a total abuse of the process of law and hence, is sought to be interdicted by filing another case-Writ Petition (C) No.636 of 2020, with the following prayers :