Jainandan Singh vs The State Of Bihar &Amp; Ors on 28 September, 2010

Patna High Court – Orders
Jainandan Singh vs The State Of Bihar &Amp; Ors on 28 September, 2010
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CWJC No.1748 of 1997
                      JAINANDAN SINGH, SON OF SRI SITARAM SINGH, RESIDENT OF
                      VILLAGE PACHKHANDA P.S. MASHRAK, DISTRICT SARAN AT
                      CHAPRA.
                                            Versus
                          1. THE STATE OF BIHAR THROUGH THE REGISTRAR,
                             COOPERATIVE SOCIETIES NEW SECRETARIAT BUILDING,
                             BAILEY ROAD, PATNA.
                          2. THE DISTRICT MAGISTRATE, SARAN, CHAPRA.
                          3. THE ADMINISTRATOR, CHAPRA CENTRAL COOPERATIVE
                             BANK LIMITED, CHAPRA.
                          4. THE MANAGING DIRECTOR, CENTRAL COOPERATIVE BANK,
                             CHAPRA.
                          5. THE CENTRAL MANAGER, CENTRAL COOPERATIVE BANK,
                             CHAPRA.
                          6. THE CHAPRA CENTRAL COOPERATIVE BANK, THROUGH ITS
                             MANAGING DIRECTOR, CHAPRA.

         For the petitioner : M/s. B.K.Singh Chouhan, Binod Kr. Singh, Advocates.
             For the Bank : Mr. Tuhin shankar, Advocate.
                                                   -----------

06. 28.09.2010 Heard learned counsel for the petitioner and the

counsel for the Central Cooperative Bank, Chapra(hereinafter

referred to as the Bank), which is under liquidation.

2. Petitioner at the relevant time served as Branch

Manager in one of the branches of the Bank. He is aggrieved by the

order dated 29.1.1997 passed by the Administrator of the Bank

rejecting his second show cause reply. Order dated 29.1.1997 was

communicated to the petitioner under memo No.1180 dated

1.2.1997, Annexure-25. Perusal of the impugned order dated

29.1.1997 indicates that the same has been passed relying on the

findings recorded by the Enquiry Officer in his enquiry report dated

22.12.1996, served on the petitioner under letter dated 14.1.1997,

Annexure-23. Perusal of enquiry report dated 22.12.1996 indicates

that there are eight charges levelled against the petitioner but the

findings recorded by the Enquiry Officer is wholly perfunctory, in
2

the circumstances, this Court has no option but to quash order dated

29.1.1997 passed by the Administrator as also the enquiry report

dated 22.12.1996, which is accordingly, quashed and matter is

remitted back to the authorities of the Bank to proceed with the

enquiry afresh as and when financial status of the Bank is restored.

3. The writ application is, accordingly, disposed of.

Rajesh/M.I. Haque                                 ( V. N. Sinha, J.)
 

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