BASTHA PRIMARY AGRICULTURE CREDIT COOPERATIVE SOCIETY LTD Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, COOPERATIVE DEPARTMENT, BIHAR, PATNA

JUDGEMENT

(1.) Heard learned counsel for the petitioners, State and the respondent no. 5.

(2.) The petitioners have approached the Court for quashing of order contained in Letter No. 573 dated 07.10.2016, by which the respondent no. 3 has directed to get the works done of the Bastha Primary Agriculture Credit Co-operative Society Ltd. (hereinafter referred to as the 'PACS'), in the district of West Champaran to be made through the respondent no. 5, holding him to be the Manager of the concerned PACS.

(3.) Learned counsel for the petitioners submitted that the order impugned was at the very first instance totally unnecessary for the reason that if any person is holding the post of Manager, as per the law, he is entitled to discharge such function. However, she submitted that the impugned order, which starts on the premise that the respondent no. 5 is the Manager, itself is erroneous. Learned counsel submitted that the respondent no. 5 was the Manager till 18.02.2015, when in the General Body Meeting of the PACS held on 18.02.2015, under Resolution No. 17, the respondent no. 5 was removed on various grounds. Learned counsel submitted that pursuant to that another person under Resolution No. 19, in the same meeting, was appointed Manager and thus, the order impugned holding the respondent no. 5 to be the Manager and then directing that the respondent no. 5 shall conduct all works/business of the PACS, including signing of cheque, is illegal. Learned counsel submitted that the same being purportedly in terms of the Departmental Letter No. 7119 dated 22.08.2016, is incorrect for the reason that the said Departmental Letter has been issued after more than one year six months from the date of the decision removing the respondent no. 5 from the post of Manager, which was done on 18.02.2015.