IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2033 of 2004 SHYAM SUNDAR SINGH SON OF LATE HARBALLAV NARAIN SINGH, RESIDENT OF VILLAGE JOGIA, P.O. MAKDUMA POLICE STATION AMARPUR DISTRICT BANKA. .. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE ADDITIONAL REGISTRAR PLANNING CO-OPERATIVE DEPARTMENT NEW SECRETARIAT, PATNA. 3. THE DISTRICT CO-OPERATIVE OFFICER, BHAGALPUR. 4. THE MANAGING DIRECTOR, THE BHAGALPUR CENTRAL CO- OPERATIVE BANK LTD. BHAGALPUR. 5. THE BHAGALPUR CENTRAL CO-OPERATIVE BANK LTD. BHAGALPUR. 6. THE MANAGING DIRECTOR, B.S.C.B. LTD. ASHOK RAJPATH, PATNA. .. RESPONDENTS. For the Petitioner: Mr. Sunil Kumar Mandal, Advocate. For the Respondent(s): Mr. Nitiranjan Jha, Advocate. For the Respondent No.6: Mr. Sanjiv Kumar, Advocate. For the State: Mr. Rabindra Kr. Priyadarshi, A.C. to AAG-I. ----------- 6. 23.02.2011 In view of the affidavit of Rambha Devi wife of the petitioner filed in support of Interlocutory Application No. 10279 of 2010, the name of the original petitioner is directed to be deleted with further direction to substitute his heirs and legal representatives as indicated in paragraph-4 of the said Interlocutory Application as petitioners of the writ petition. In view of the affidavit of said Rambha Devi no action is being proposed - 2 - against M/s. Sunil Kumar Mandal and Prem Shankar, Advocates but it is directed that in future the learned Advocates should be cautious not to interfere with either the signatures or the averments made in the affidavit. 2. This writ petition is filed against the order dated 21.3.2001, Annexure-4 passed by the Managing Director cum Secretary of the District Cadre Co-operative Society, Bhagalpur, whereunder original writ petitioner was reinstated in service with effect from the date of issue of the order i.e. 21.3.2001 and not from the date of dismissal. Earlier original writ petitioner was dismissed from service under Order No. 1352 dated 27.3.1987 which was challenged in C.W.J.C. No. 5673 of 1999. Said writ case was disposed of under orders dated 30.11.2000, Annexure-3. In compliance of the order dated 30.11.2000, annexure-3 the Managing Director cum Members Secretary of - 3 - the District Cadre Co-operative Society Ltd., Bhagalpur passed order dated 21.3.2001, Annexure-4 and reinstated the original writ petitioner from the date of the order although petitioner was not held guilty by the Inquiry Officer and the inquiry report was accepted by the Managing Director. 3. Having accepted the inquiry report and reinstated the petitioner, the Managing Director cum Members Secretary of the District Cadre Co-operative Society Ltd, Bhagalpur ought to have reinstated the petitioner with effect from the date of the earlier dismissal as the inquiry report holding him not guilty was accepted by him. Accordingly, the impugned order dated 21.3.2001, Annexure-4 is modified and it is directed that original writ petitioner shall be deemed to have been reinstated in the service of the Bhagalpur District Cadre Co-operative Society Ltd. with effect from the date of the - 4 - earlier dismissal i.e. 27.3.1987. In compliance of this order necessary final order for payment of arrears salary of the original writ petitioner be passed by the competent authority, as early as possible, in any case within two months from the date of receipt/production of a copy of this order. Ibrar/- ( V.N. Sinha, J. )