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
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.)