The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.29103 of 2023 Basantaraj Sahoo State of Odisha & others -versus- …. Petitioner Mr. B. Sahoo, Advocate …. Opposite Parties Mr. S. Das, A.G.A. Mr. Md.G. Madani, Advocate for Intervenor CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 05.09.2023 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties and Mr. Md. G. Madani, learned counsel appearing for the Intervenor namely one Biswa Ranjan Ghadai. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “ It is therefore prayed that this Hon’ble court may graciously be pleased to; i. Admit and allow the writ petition of the petitioner and issue notice to the Opp. Parties; ii. After hearing the parties, to quash / set-aside the Letter No.5078, dated 21.08.2023 of ARCS, Bhadrak Circle to the President, Dhamnagar SCS Ltd. under Annexure-1 and order dated 30.06.2023 of Collector & District Magistrate, Bhadrak in Misc. Case No.17 of 2023 under Annexure-2; iii. The Hon’ble Court may be pleased to pass an order the petitioner has not committed any irregularities so far the // 2 // sanction of loan or credit limit to the farmers; iv. To pass such other orders/ direction as deemed fit and AND proper.” 4. It is submitted by Mr. Sahoo, learned counsel appearing for the Petitioner that the present petitioner was appointed as In-Charge Secretary of the Dhamnagar Service Co-operative Society Ltd. vide order dated 08.04.2012 under Annexure-4. Thereafter, he continued as such, till he received the impugned order under Annexure-1 to the writ application. Referring to the order under Annexure-1 dated 21.08.2023 issued by the Assistant Registrar Co-operative Society, Bhadrak learned counsel for the Petitioner submitted that the ARCS, Bhadrak Circle has directed the President, Dhamnagar SCS Ltd. to take appropriate Disciplinary as well as Criminal Action against the present petitioner and to submit the compliance report to the office of the ARCS. 5. Learned counsel for the Petitioner further contended that earlier the one Biswa Ranjan Ghadai (Intervenor) approached this Court by filing W.P.(C) No.36139 of 2022. A Coordinate Bench of this Court without impleading the present petitioner as a party to the writ application. A Coordinate Bench of this Court vide order dated 06.01.2023 disposed of the writ application by directing to the Collector, Bhadrak-Opposite Party No.2 to consider the representation of the Petitioner under Annexure-3 to that writ application within a period of one month. Accordingly the Collector, Bhadrak vide order under Annexure-2 dated 30.06.2023 disposed of the representation by concluding that the Petitioner is responsible for financially irregularities and sanctioning illegal loans. Accordingly, the ARCS, Bhadrak was directed to take appropriate action against the Petitioner as per law. On perusal of order of the Collector, Bhadrak it appears that the while passing the order dated 30.06.2023 the Collector has provided an opportunity of hearing to the Intervenor who was the Petitioner before // 3 // the Collector, Bhadrak. It appears that no opportunity of hearing whatsoever was provided to the present petitioner. 6. Pursuant to the order dated 30.06.2023 under Annexure-2 the ARCS, Bhadrak has passed an impugned order dated 21.08.2023 under Annnexure-1. Learned counsel for the Petitioner at the outset submitted that both the orders under Annexures-1 & 2 have been passed in violation of principle of natural justice. He further contended that no opportunity whatsoever was provided at the time of inquiry as well as while taking a final decision on the representation of the Intervenor pursuant to the order passed earlier by this Court. 7. Learned counsel appearing for the Intervenor-Opposite Parties, on the other hand contended that there are serious financial irregularities in the affairs of the SCS Ltd. accordingly, the Intervenor has approached this Court by filing the earlier writ application bearing W.P.(C) No.36139 of 2022 for a direction to the Opposite Parties to conduct any inquiry and take appropriate coercive action against the present Petitioner. He further submitted that pursuant to order dated 06.01.2023 passed by a Coordinate Bench of this Court in the above noted writ application and inquiry was conducted by the Collector, Bhadrak and accordingly the Collector has come to a conclusion that the present petitioner was involved in the financially irregularity and as such a direction to ARCS to take appropriate action in the matter. The ARCS has directed the President to take action against the present petitioner. In such view of the matter, learned counsel appearing for the Intervenor submitted before this Court that no fault can be found with the process adopted while passing the order under Annexure-1 & 2 to the writ application and accordingly it was submitted by Mr. Md. Madani that the writ application is devoid of merit and the same should be dismissed. // 4 // 8. Having heard the learned counsel for the parties and on careful consideration of their submission as well as the background facts of the present case, this Court observed that the Intervenor-Petitioner earlier approached this Court by filing the writ petition without impleading the present Petitioner as a party. A Coordinate Bench of this Court disposed of the matter by directing the Collector to dispose of the representation of the Petitioner in accordance with law. However, on a careful examination of the order passed by the Collector under Annexure-2 this Court is of the considered view that nowhere in the said order the Collector has referred that an opportunity of hearing was provided to the Petitioner before passing the impugned order dated 30.06.2023 under Annexure-2. Moreover, pursuant to aforesaid ex-parte order dated 30.06.2023 the ARCS has issued letter dated 21.08.2023 under Annexure-1 to the President, Dhamnagar SCS Ltd. to take action both Disciplinary and criminal against the present Petitioner. On a careful consideration of the entire facts as is called out from the document annexed to the writ application, this Court is of the considered view that the orders passed by the authorities have a civil consequence, therefore, it was mandatory on the part of the Administrative Authorities to follow the principle natural justice. However, on a careful examination of the records, this Court is of the view that no opportunity of hearing was provided to the Petitioner. In such view of the matter, without expressing on merits of the matter, this Court deems it proper to set aside the impugned order under Annexures-1 and 2. Further, the matter is remanded back to the Collector, Bhadrak to reconsider the matter after providing an opportunity of hearing to both the Petitioner as well as the Intervenor or any other complainant and after hearing the parties, the Collector, Bhadrak shall dispose of the allegation against the Petitioner by passing a speaking and reasoned order. The decision so // 5 // taken by the Collector, Bhadrak shall be communicated to the Petitioner as well as the Intervenor. 9. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Sep-2023 17:15:42