JAGANNATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition. the petitioners are aggrieved by the order dated 30th January, 1991 (Annexure 3) passed by the Joint Registrar, Co -operative Societies, Bhagalpur Division, Bhagalpur (respondent no. 2) in Surcharge Case No. 1/90 in so far as it relates to them.

(2.) IT appears that under section 40 of the Co -operative Societies Act, 1935 the said Surcharge Case No. 1/90 was initiated against Sri Jagdeo Rai, Former Honourary Secretary of Munger -Jamui Co -operative Society Central Co - operative Bank Limited, Munger and its Managing Director Bharosa Ram.

(3.) AT the stage of admission several times opportunity was granted to the learned Standing counsel appearing for the State and its officials to find out as to whether the petitioners were given any opportunity or hearing before the impugned order was passed but no affidavit was filed and the Court vide order dated 13.8.1992 adjourned the matter for listing on 3rd September, 1992 on payment of cost of Rs. 250/ - payable by the Joint Registrar, Co -operative Societies (respondent no. 2) from his own pocket. On 14.9.1993 the learned Standing Counsel No. 1 then appearing for the State and its officials informed the Court that the Joint Registrar, Co -operative Societies (respondent no. 2) has not yet given any instruction. The Court expressing anguish admitted the writ petition and directed for issuance of notice to respondents no. 5 to 9. The Joint Director, Co -operative Societies, Bhagalpur Division, Bhagalpur was directed to file a show cause in regard to his conduct which was directed to be considered at the time of hearing of the writ application. The Court observed that it will be for the Bench to pass any further order which it may consider expedient. Despite this, no counter affidavit has been filed nor the show cause in pursuance to the order dated Sayeeda Khatoon Versus Bibi Sayeeda Tahira Nahid 14.9.1993 has been filed by the Joint Registrar (respondent no. 2).