MANAGING DIRECTOR Vs. GOURAHARI SAHU

JUDGEMENT

(1.) Filing the writ petition, the petitioner-Orissa State Cooperative Agricultural & Rural Development Bank Ltd. has assailed the order passed by the Honourable Lokpal, Orissa involving Case No. 331-LP(G) of 2011 appearing at Annexure-3.

(2.) Undisputed fact remains is O.P. 1, an ex-cadre Secretary of CARD Bank, Bargarh superannuated from his service on 31.7.2009 filing the complaint before the Honourable Lokpal, Orissa, vide Case No. 331-LP (G) of 2011 made claim over his retiral dues, gratuity, encashment of unutilized leave from his employer and the above proceeding has been concluded by passing of the impugned order, Annexure-3 challenged herein.

(3.) Challenging the impugned order, Sri Mishra, learned Counsel for the petitioner raising the authority of Honourable Lokpal in the involved matter submitted that the Honourable Lokpal has no authority to take up the issue involved therein, and therefore, the direction impugned herein is without jurisdiction. Referring to the provisions contained in Sections 7 & 8 of the Orissa Lokpal and Lakyuktas Act, 1995, Sri Mishra attempted 2011 (Supp.- II) OLR 589 to justify his submission that the Honourable Lokpal has exercised jurisdiction not vested in him. Referring to a decision of this Court in Raghunath Mishra Vs. Principal Accountant General (A & E) & others reported in 2011 (II) ILR-CUT-93, Sri Mishra, learned Counsel for the petitioner submitted that for the direction therein, the decision has a direct application to the case at hand. Further for the private O.R. having a clear remedy under Sec. 68 of the Orissa State Cooperative Societies Act, proceeding before the Honourable Lokpal was not maintainable and in the above circumstances, Sri Mishra prayed this Court for interference in the impugned order and setting aside the same.