MAHENDRA SWARUP SHRIVASTAV Vs. BIHAR STATE CO-OPERATIVE

JUDGEMENT

(1.) THE petitioner is aggrieved by his dismissal from the post of Depot Manager in Bihar State Co - operative Marketing Union Limited (hereinafter referred to as the 'BISCOMAUN ' for the sake of brevity) (respondent no. 1) by order dated 28.6.2001 (Annexure -1) passed by the Administrator, BISCOMAUN, Patna (respondent no. 2) and also seeks quashing of the entire departmental proceeding initiated against him.

(2.) A preliminary objection raised on behalf of the respondents is that as per the Staff Regulation of BISCOMAUN there is a provision of appeal against the final order of dismissal and hence there being an efficacious alternative remedy available to the petitioner, this writ petition is not maintainable. It is not in dispute that BISCOMAUN is a Co -operative Society registered under the Bihar Co -operative Societies Act, 1935 managed by a Managing Committee as per Section 14 of the Act, but subsequently on 31.7.1988 it was superseded under Section 41 of the Act and an Administrator was appointed to carry on the business of the Society. No doubt, when BISCOMAUN was earlier managed by its Managing Committee, it was neither any instrumentality nor an agency of the State and hence it was not amenable to the writ jurisdiction of this court as has been held in case of Harendra Narain Banker V/s. The State of Bihar & Others, 1985 PLJR 1078, but after the Managing Committee of BISCOMAUN was superseded and an Administrator was appointed in the year 1988 by the State of Bihar to manage the affairs of BISCOMAUN, it has become the authority ' as per the provision of Article 12 of the Constitution of India amenable to the writ jurisdiction of the High Court as per the decision of this Court in case of Nand Kishore Rai & Others V/s. The State of Bihar & Others, 1988 0 PLJR 1065. Reference in this regard may also be made to a Full Bench Decision of this Court in case of Rajendra Prasad Sah and Another V/s. State of Bihar and Others, 2000 4 PLJR 273. In the said circumstances, it is held that the action of the Administrator of BISCOMAUN while passing the impugned order in the departmental proceeding is subject to judicial review by this court.

(3.) AFTER considering the charges, show cause, report of the Auditor and the report of the Enquiry Officer service of the peti -tioner was terminated by order dated 7.11.1989 (Annexure -7) passed by the Administrator, BISCOMAUN. However, it was mentioned in the said order that the petitioner will be entitled to subsistence allowance for the period he remained under suspension. Against the said order, the petitioner filed an appeal on 8.11.1990 before the Registrar, Co -operative Societies, Bihar, Patna in which he subsequently filed a petition on 23.8.1993 which was numbered as Miscellaneous Case No. 194 of 1993. After considering the matter, the learned Registrar, Co -operative Societies, Bihar, Patna by order dated 14.7.1995 (Annexure -8) found it necessary that the petitioner be given an opportunity of hearing before the disciplinary authority and hence the case was remanded to the Administrator, BISCOMAUN for passing appropriate order after giving proper opportunity to the petitioner for being heard. The petitioner was also directed to cooperate with the disciplinary authority in that regard.