Sri Prithwi Pratima Grih Nirman Swawlambi Sahkari Samiti Limited vs State Of Jharkhand and Others

Sanjay Kumar Dwivedi, J

Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.

The prayer in this petition has been made for quashing of order dated 11.01.2024 passed in Misc. Dispute Case No.16 of 2022 by the learned Registrar, Co-operative Society, Ranchi, Jharkhand, Ranchi.

Mr. Deepak Kumar Dubey, the learned counsel appearing on behalf of the petitioner submits that there is no dispute with regard to misappropriation of the amount and earlier also one Miscellaneous Dispute Case No.10 of 2021 was filed which was decided on 21.12.2022 and during pendency of the earlier misc. dispute case, the present dispute has been filed which is misuse of the law. He submits that in absence of providing any opportunity of hearing the order dated 11.01.2024 has been passed in Miscellaneous Dispute Case No.16 of 2022 whereby direction has been issued to request the Secretary, Department of Agriculture, Animal Husbandry and Cooperative to constitute a team of enquiry consisting of Joint Secretary level official from the department and to the Secretary, Home to depute a Deputy Superintendent level officer and also request to the Principal A.G. to depute one Auditor from the office of the Accountant General, Jharkhand who is not a member of the society. He submits that in view of that, in absence of providing any opportunity of hearing, the order has been passed, which is not in accordance with law.

Mr. Ashutosh Anand, the learned counsel appearing on behalf of the respondent State submits that only request was made to form a committee to enquire into the dispute and the petitioner has got full opportunity to make out his case before the enquiry committee /Registrar, Cooperative Society in Miscellaneous Dispute Case No.16 of 2022.

In view of above, it transpires that only committee has been requested to be constituted by the impugned order dated 11.01.2024 and the petitioner has been given full opportunity to defend his case in the said enquiry as well as in the pending Miscellaneous Dispute Case No.16 of 2022.

In view of above and considering that only the matter of constituting the enquiry committee is there, this petition is being disposed of directing the respondents to provide all the opportunity to the petitioner to hear before making any final report by the enquiry committee and the petitioner will also have full opportunity of hearing in Miscellaneous Dispute Case No.16 of 2022. The petitioner is put at liberty to approach the said committee if the enquiry is not completed as yet as he will also appear in the pending Miscellaneous Dispute Case No.16 of 2022.

With the above observation and direction, the instant petition is disposed of.

Pending petition if any also stands disposed of accordingly.