The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.8430 of 2025 Jitendra Kumar Bisoyi and others ..... Petitioners Represented By Adv. - Shakti Datta Tripathy -versus- State Of Odisha and others ..... Opposite Parties
Legal Reasoning
Smt. S. Nayak, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 25.03.2025 Order No. 01. 1. 2. This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “In the premises, therefore it is most humbly prayed that the Hon’ble Court may graciously be pleased to: i) Admit the Writ application; ii) Issue Rule NISI calling upon the Opp. Parties, Page 1 of 5. more particularly Opp. Party No.1 for filing show cause as to why his communication vide letter No. 730 dated 28.2.2025 under Annexure-4 shall not be quashed and consequently the Writ application shall not be allowed, issuing a Writ in the nature of MANDAMUS directing the Opp. Party No.1 for refraining from making any undue interference with regard to exercise of statutory petitioners; duties by the iii) And further be pleased to issue any other Writ Writs, pass any appropriate order/orders, direction/directions of this Hon’ble Court may kindly deem fit and proper under the facts and circumstances of the case for ends of justice;” 4. The present writ petition has been filed by the Petitioner with a prayer to quash the impugned show cause notice dated 28.02.2025 under Annexure-4 passed by the Opposite Party No.1 and for issuance of a writ of mandamus directing the Opposite Party No.1 to refrain from making any undue interference with the day to day affair of the committee of management of the concerned society. 5. Learned counsel for the Petitioner at the outset contended that at the instance of the employee, dispute case No.25/2018 & 5/2021 were initiated before the State Cooperative Tribunal. The learned Tribunal vide a common order dated 27.05.2022, disposed of both the dispute cases under Annexure-1 to the writ petition by dismissing the dispute cases on contest and with a further direction to the Administrator, Nalabanta Service Cooperative Society Ltd. to take a final decision on the inquiry initiated against the Petitioner in the above noted dispute cases in accordance with law. He further Page 2 of 5. contended that the order under Annexure-1 has attained finality. Thereafter, the Petitioner in the dispute cases approached the ARCS, Aska Circle, Aska. The ARCS vide his order dated 21.07.2023, under Annexure-2, directed the Nalabanta SCS Ltd. to reinstate the Petitioner in the dispute cases and to furnish the compliance report before him. Later, the President of the concerned SCS Ltd. approached this Court by challenging the order dated 21.07.2023 passed by the ARCS. This Court vide order dated 01.09.2023, while issuing notice to the Opposite Parties, passed an interim order in I.A. No.13626 of 2023 directing that while reinstating the Petitioner in the dispute case pursuant to order dated 21.07.2023, he shall not be entrusted with any financial responsibilities by the society till the next date. 6. Learned counsel for the Petitioner further contended that since the order passed by the ARCS that was modified by this Court in the pending writ petition vide order dated 28.11.2023 under Annexure-3 to the writ petition, was not implemented, a show cause notice was issued to the concerned SCS Ltd. on 28.02.2025 under Annexure-4 by the DRCS, Berhampur Division, Berhampur. Learned counsel for the Petitioner further contended that the Petitioner has submitted his reply to the show cause notice under Annexure-4, by filing his reply on 10.03.2025 under Annexure-5 to the writ petition. He further contended that being aggrieved by the show cause notice dated 28.02.2025 under Annexure-4 to the writ petition, the Petitioner has also approached the learned RCS Odisha by invoking the revisional power under Section 112 of the O.C.S. Act, 1962. It is stated by learned counsel for the Petitioner that the said revision petition is Page 3 of 5. pending before the RCS Odisha for final adjudication. In the aforesaid factual background, learned counsel for the Petitioner submitted that the issuance of the show cause notice dated 28.02.2025 under Annexure-4 is bad in law and accordingly the same should be quashed. 7. Learned counsel for the State on the other hand contended that the Petitioner has approached this Court merely by challenging a show cause notice issued under Annexure-4 dated 28.02.2025. She further contended that a perusal of the notice under Annexure-4 reveals that there are several other charges apart from the fact that the order passed by the ARCS has not been given effect to by the concerned SCS Ltd. In such view of the matter, learned counsel for the State submitted that since the Petitioner has already filed his reply to the aforesaid show cause notice, the present writ petition is not maintainable. In such view of the matter, learned counsel for the State contended that the writ petition is devoid of merit and is not maintainable at the stage, and as such, is liable to be dismissed at the threshold. 8. Having heard the learned counsels appearing for the respective parties, on a careful analysis of their submission and on a close scrutiny of the document annexed to the writ petition, this Court observes that the present writ petition has been filed basically challenging the show cause notice dated 28.02.2025 under Annexure- 4 to the writ petition. However, it further appears that as per the pleading in the writ petition, a revision petition has also been preferred before the RCS Odisha by invoking the revisional power Page 4 of 5. under Section 112 of the O.C.S. Act, 1962. Since the entire dispute is pending before the learned RCS Odisha-Opposite Party No.3, this Court deems it proper to dispose of the writ petition by directing the Opposite Party No.3 to consider and dispose of the revision petition as expeditiously as possible preferably within a period of four weeks by providing opportunity to both sides. Further, in view of the aforesaid direction for disposal of the revision application, the learned DRCS, Berhampur Division, Berhampur-Opposite Party No.1 shall not take a final decision pursuant to the notice dated 28.02.2025 under Annexure-4 for a period of six weeks. 9. With the aforesaid observations/directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. S.K. Rout ( Aditya Kumar Mohapatra ) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Mar-2025 15:49:11