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Judgment
R.K. Merathia, J.—Heard the parties at length for final disposal.
Petitioner has challenged the order dated 25.02.2009 passed by the respondent No. 3 directing the petitioner to hand over the post and charge of Manager of Deoghar Co-operative Grain Bank to one Mr. Ravindra Sharma within 24 hours, failing which Mr. Sharma will be deemed to have taken charge.
Mr. Ananda Sen, learned Counsel appearing for the petitioner submitted that petitioner was promoted to the post and was given pay-scale of Manager, but without issuing any show-cause notice or without any reason he has been demoted to the post and pay-scale of Assistant Manager, and moreover, he has not been given posting at any place.
On the other hand, Mr. Roy learned Counsel appearing for the respondent No. 3 submitted that petitioner was never promoted to the post of Manager. In the absence of regular Manager, he was posted as Incharge-Manager and he was drawing his; salary all along of that post. At present the administrator is managing the Deoghar Cooperative Grain Bank, Deoghar. A General Body Meeting was held on 20.9.2009 in which the petitioner was also present. It was found that no work being taken from the employees of the Bank by the Manager due to which unnecessary salary was being paid; and that the financial condition of the Bank became very poor. Therefore, in the administrative interest, it was decided that petitioner be sent back to his substantive post of Assistant Manager and Mr. Sharma be given charge of Manager. Accordingly, he was directed to hand over the post and charge of Manager to Mr. Sharma.
Regarding the letter issued by the Bank under memo No. 161 dated 9.1.1999 relied by the petitioner in support of his contention that he was promoted as Manager, it was submitted on behalf of the Bank-respondent No. 3 that the said letter was issued pursuant to the resolution passed in the Board meeting held on 7.1.1999 but such decision was to be approved by the Registrar under the provisions of Rule -33 of the Jharkhand Cooperative Societies Rule, 1959. But, it will appear from the letter No. 88 dated 26.3.1999 (Annexure G) that such resolution was not approved by the office of the Registrar, and thus, the said letter No. 161 dated 9.1.1999 automatically stood cancelled. It is further submitted that petitioner is working as Assistant Manager (Headquarters).
From the facts and circumstances noticed above, it is clear that the claim of the petitioner that he was promoted to the post of Manager with that pay-scale; and that he has been reverted without any reason/show-cause can not be accepted. Petitioner was given officiating charge of Manager and then he was promoted to the post of Manager which promotion was to be approved by the Registrar, but such promotion including the promotion of others, were not approved. There is nothing to show that the petitioner was duly promoted. There is nothing wrong if in the administrative interest, he was reverted back to his substantive post of Assistant Manager. For that, no reasons/show cause notice was required to be sent to the petitioner. Moreover, petitioner was present in the General Body Meeting held on 20.9.2009, in which the impugned decision was taken.
According to the respondent No. 3, petitioner is working as Assistant Manager (Headquarters), and therefore, no order need be passed for giving him posting.
In the result, I do not find any merit in this writ petition, which is accordingly dismissed. However, no costs.