IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14258 of 2005 ====================================================== Mahesh Prasad, s/o- Kameshwar Prasad, r/o- Dilwarpur, kali Tajia Road, P.O. + P.S.- Unger, District- Munger. .... .... Petitioner/s Versus 1. The Munger Jamui Central Co-Operative Bank Limited through its Managing Committee, Munger Jamui Central Cooperative Bank Limited, Munger. 2. The Managing Committee, Munger Jamui Central Cooperative Bank Ltd. Munger. 3. Managing Director, Munger Jamui Central Cooperative Bank Ltd. Munger. 4. The Manager, Establishment, Munger Jamui Central Cooperative Bank Ltd. Munger. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Nand Gopal Mishra For the Respondent/s : Mr. Manoj Kumar Singh Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL) 10 11-11-2011 No body appears on behalf of the petitioner. Learned counsel for the respondent Munger Jamui Central Cooperative Bank Ltd. Munger is present. Heard learned counsel for the respondent. Petitioner prays for a direction to revise and fix the pay of the petitioner in the revised scale and thereafter to pay differential amount of pay and allowances. On going through the writ petition, it appears that petitioner was departmentally proceeded against. Preceding the Patna High Court CWJC No.14258 of 2005 (10) dt.11-11-2011 2 departmental proceeding, there was an F.I.R. lodged against him. On conclusion of departmental proceeding, punishment of dismissal from service was afflicted on him. Aggrieved thereby, he approached the Registrar, Cooperative Societies, Government of Bihar. It appears that the aforesaid authority, on going through the claim of the petitioner, disposed of the matter whereby the order of dismissal was set aside and a liberty was granted to the respondent Bank to proceed afresh in accordance with law. The respondent Bank thereafter passed an order of his reinstatement subject to the final conclusion of the pending criminal proceeding. However, in the light of the liberty granted by the Registrar of the Cooperative Society, a fresh Memo of charge was framed and served upon him. Petitioner made diverse attempt to delay submission of his reply to the notice. In the meanwhile, he superannuated from service w.e.f. 31.10.2004. From the counter affidavit filed on behalf of respondent Bank, it appears that because of the non-cooperative attitude of the petitioner, the proceeding could not be concluded. It further appears therefrom that the criminal case is still pending trial in a Court of law. Regard being had to the aforesaid facts and also the fact that the petitioner has a remedy against the impugned order before Patna High Court CWJC No.14258 of 2005 (10) dt.11-11-2011 3 the Registrar, Co-operative Society, Government of Bihar, this Court is not inclined to invoke its extraordinary and discretionary writ jurisdiction to allow the application in the matter. The application is dismissed. However, dismissal of the application shall not preclude the petitioner from seeking remedy as provided in law. PANKAJ KUMAR/- (Kishore K. Mandal, J)