The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.5001 of 2025 Biswanath Gouda ..... Petitioner Represented By Adv. - Dr.Patanjali Tripathy -versus- State Of Odisha & Ors. ..... Opposite Parties Represented By Adv. – M.R. Mohanty, A.G.A. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 03.03.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Govt. Advocate for the State. Perused the records as well the documents annexed thereto. The present Writ Petition has been filed by the Petitioner with 3. the following prayer: “In view of the above facts and circumstances more fully narrated herein above the Petitioner most humbly prays that this Hon’ble Court may be graciously pleased to allow the Writ Petition, issue Rule of NISI upon the Opposite Parties to show cause :- A. As to why the impugned order dated 18.01.2024 under Annexure-11 was passed by O.P.5 shall not be quashed, and, B. As to why the Opposite Parties No.4 shall not be directed to conduct proper enquiries against the illegal unlawful act on the part of Opposite Party No.5 regarding Page 1 of 6. illegal termination of the Petitioner by virtue of an impugned order under Annexure-11, and C. And as to pass any order or orders, direction/ directions as this Hon’ble Court may deem fit and proper. And on their failure to show cause or showing insufficient cause, this Hon’ble Court be pleased to make the said RULE absolute by way of issuance of appropriate writ or writs, order or orders in the facts and circumstances of the present case.” 4. Learned counsel for the Petitioner, at the outset, contended that being aggrieved by the order dated 18.01.2024, under Annexure-11 passed by the A.R.C.S., Berhampur Circle, Berhampur, the Petitioner has approached this Court by filing the present Writ Petition. Learned counsel for the Petitioner further contended that, by virtue of the impugned order, the A.R.C.S., Berhampur Circle, Berhampur on the ground of administrative exigency has instructed the CEO of the existing PACS to take over the charge of C.E.O. of the newly registered PACS as an interim arrangement as mentioned in the table appended in the order dated 18.01.2024. The table which has been appended as Annexure-11, reveals that the Sri Raghunath Goswami Service Cooperative Society Ltd. has been included in the said PACS as a newly created PACS and accordingly the C.E.O. of existing Bhismagiri PACS has been asked to take over charge of Sri Raghunath Goswami PACS. Learned counsel for the Petitioner further contended that being aggrieved by such decision of the A.R.C.S., Berhampur Circle, Berhampur, the Petitioner has approached this Court by filing the present Writ Petition. 5. Learned counsel for the Petitioner further contended that the impugned order dated 18.01.2024 is not appealable under section 67-B of the O.C.S. Act, inasmuch as the order passed by the committee of Management the Cooperative Society or any dispute Page 2 of 6. relating to the election of the Office bearers is appealable under section 67-B of the O.C.S. Act. Additionally, taking into consideration the nature of the order under Annexure-11, the same does not fall within the scope of section 67-B. In such view of the matter, learned counsel for the Petitioner contended that the present Writ Petition is maintainable before this Court. He has also taken an additional ground that at present the Office of the P.O., Odisha Co- operative Tribunal is lying vacant and as such the appellate tribunal is non-functional. 6. Learned Additional Govt. Advocate appearing for the State raised objection with regard to maintainability of the Writ Petition. He further contended that the order passed by the A.R.C.S. could very well be revised under section 112 of the O.C.S. Act, 1962, if the same is presumed to be not appealable in nature. 7. Having heard learned counsels appearing for the respective parties, on a careful examination of the materials on record and further taking into consideration the provisions contained in Section 67-B as well as 112 of the O.C.S. Act, 1962, this Court observes that Section 67-B) provides that the learned Cooperative Tribunal can entertain appeals against any dispute in connection with election of any office bearer of the Society and any action taken by the Society and its committee against a paid servant of the society, who is not a workman within the meaning of Industrial Disputes Act, 1947. Applying the aforesaid provisions to the fact of the present case, this Court observes that the order under Annexure-11, which is sought to be challenged in the present Writ Petition has been passed by the A.R.C.S., Berhampur Circle, Berhampur, Opposite Party No.5. The impugned order also refers to the Standard Operating Procedures Page 3 of 6. issued by the R.C.S., Odisha vide order dated 15.04.2023. On a careful analysis of the impugned order under Annexure-11, it is further revealed that power has been exercised by the A.R.C.S., Berhampur in consultation with the R.C.S., Odisha with regard to posting of Officers in the new PACS. 8. Learned counsel for the Petitioner at this juncture contended that the Petitioner being appointed by the Committee of Management has been discharging his duty in the newly created PACS as C.E.O. He further contended that both the letters dated 15.10.2022 as well as 15.04.2023 has no application, as appointment of C.E.O. and arrangements under those letters are purely temporary in nature, till a regular CEO is appointed. Since a regular C.E.O. has been duly appointed by the Managing committee of the concerned PACS as claimed by the Petitioner, therefore the exercise of power by the A.R.C.S. by virtue of the order dated 18.01.2024 in respect of the present PACS treating it at par with other PACS and in general terms without considering the fact that a CEO has already been appointed, thus rendering such conduct of ARCS erroneous and illegal. 9. On a reading of Section 112 of the Odisha Co-operative Society Act, 1962, this Court observes that the Registrar or the Additional Registrar is conferred with revisional power. Such revisional power can be exercised by the Registrar on an application filed by any person aggrieved after giving the party concerned an opportunity of hearing. Further, as per the provision under section 112 of the Act, the order against which no appeal lies, such order can be revised by the Registrar in exercise of his revisional power under section 112 of the OCS Act, 1952. 10. On a careful examination of the aforesaid provisions, further Page 4 of 6. keeping in view the provisions contained in section 112 of the Act, and keeping in view the submissions made by the learned counsel for the Petitioner to the effect that the Committee of management has already appointed a regular CEO, this Court is of the view that the order passed by the ARCS, Berhampur Circle, Berhampur under Annexure-11 does not come within the purview of section 67-B. As such this Court has no hesitation in reaching a conclusion that the order can be revised by the Registrar, Co-operative Societies, Odisha in exercise of power under Section 112 of O.C.S. Act, 1962 keeping in view the aforesaid factual position as well as the provision of law as has been laid down in section 67-B and 112 of the Act, 1962. This Court is also of the considered view that the decision taken by the ARCS, Puri circle, Opposite Party No.5 vide letter dated 18.01.2024 under Annexure-11 is required to be reviewed and revised by the Registrar keeping in view the provision of law and the factual background of the present case. This Court deems it proper to dispose of the Writ Petition at this stage, by directing the Petitioner to approach the Registrar, Co-operative Societies, Odisha within 10 days from today along with certified copy of this order. In such eventuality, the Registrar, Co-operative Societies, Odisha Opposite Party No.3 shall do well to call for the records and examine the whole issue and pass order in consonance with the O.C.S. Act and Rules within a period of three weeks from the date of approach by the Petitioner. 11. As an interim, it is directed that in the event the Committee of Management has duly appointed the CEO in respect of Sri Raghunath Goswami PACS, then the order dated 18.01.2024 under Annexure-11 shall not be given effect to for a period of four weeks in respect of Page 5 of 6. the said PACS. 12. With the aforesaid observation/direction the Writ Petition stands disposed of. Judge ( Aditya Kumar Mohapatra) Anil Page 6 of 6. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 04-Mar-2025 11:32:14