LAWS(ORI)-2023-2-65

BENU MADHAV TRIPATHY Vs. STATE OF ODISHA

Decided On February 16, 2023
Benu Madhav Tripathy Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) The challenge in the present petition is to an order dtd. 25/1/2023 issued by the Administrator of the Odisha State Co-operative Bank Ltd. ('OSC Bank'), Bhubaneswar appointing/ engaging Opposite Party No.9 as Managing Director (MD) of the OSC Bank "on terms and conditions as applicable to retired Government servants till the post is filled up in due course".

(2.) Interestingly, on the very date that the above impugned order was passed, this Court delivered at 10.30 am its judgment in W.P.(C) PIL No. 8927 of 2022 filed by the present Petitioner questioning a similar order dtd. 2/3/2022 issued by the GA Department re-engaging the very same person as MD of the OSC Bank. This Court by the said judgment also quashed the consequential order dtd. 7/3/2022 issued by the Joint Registrar, Cooperative Societies 'approving' such re-engagement.

(3.) Mr. P.K. Rath, learned counsel appearing for the Petitioner points out that this time also the Registrar, Cooperative Societies has further issued an order on 25/1/2023 approving such appointment in exercise of the power under Sec. 28(3-b)(1) of the Orissa Co-operative Societies Act, 1962 (OCS Act) to enable Opposite Party No.9 to discharge duties of a Chief Executive Officer (CEO) of the OSC Bank as MD.