SRI BENU MADHAV TRIPATHY Vs. STATE OF ODISHA

JUDGEMENT

(1.) Challenging the re-engagement of Sri Gopabandhu Satpathy, Opposite Party (OP) No.7, as Managing Director (MD) of the Odisha State Co-operative Bank Ltd., Bhubaneswar (OP No.8) by a Notification dtd. 2/3/2002 issued by the General Administration and Public Grievance Department (GA Department), Government of Odisha (OP No.2), the present petition has been filed as a Public Interest Litigation (PIL) seeking issuance of a writ of quo warranto.

(2.) The main ground of challenge is that the above re-engagement is in violation of Sec. 35-B (1) (b) of the Banking Regulation Act, 1949 (BR Act) as well as Sec. 28 (3-b) (1) of the Orissa Co-operative Societies Act, 1962 (OCS Act).

(3.) In the present petition that was filed on 7/4/2022, notice was issued by this Court on 21/4/2022. After pleadings were completed this Court, on 14/9/2022 set down the petition for final hearing. On that date, Sri A.K. Parija, learned Advocate General (AG) appearing for the State of Odisha (OP Nos.1 and 2), stated that in the meanwhile within two weeks a fresh advertisement would be issued for filling up of the post of the MD of the OP No.8-Bank. On 8/12/2022 the Court was informed that the said advertisement had been issued on 25/11/2022 with the last date of submission of the applications being 22/12/2022. However, on that date Mr. P.K. Rath, learned counsel for the Petitioner stated that notwithstanding that the post may have been advertised afresh, the continuation of the present incumbent was illegal and since his term was expiring on 28/2/2023, the petition should be heard at an early date. Thereafter, the present petition was heard finally on 17/1/2023 and judgment was reserved.