IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17886 of 2009 YUGAL PRASAD GUPTA S/O LATE SURAJ PRASAD GUPTA ASSISTANT MANAGER (DISMISSED) THE BIHAR STATE CO-OPERATIVE BANK LTD. NEW SECRETARIAT BRANCH, P.S. SACHIWALAYA, DISTRICT PATNA PRESENTLY RESIDING AT FLAT NO.C-5 PRACHI ASHOK APTT, GOSAITOLA, NEHRUNAGAR, P.S. PATLIPUTRA, DISTT. PATNA Versus 1. THE BIHAR STATE CO-OPERATIVE BANK LTD. ASHOK RAJPATH, P.S. PIRBAHORE DISTRICT PATNA THROUGH ITS MANAGING DIRECTOR 2. THE MANAGING DIRECTOR BIHAR STATE CO-OPERATIVE BANK LTD. ASHOK RAJPATH P.S. PIRBAHORE, DISTT.- PATNA 3. THE MANAGING DIRECTOR CUM CONDUCTING OFFICER, BIHAR STATE CO-OPERATIVE BANK LTD., P.S. PIRBAHORE ASHOK RAJ PATH PATNA 4. THE CHAIRMAN, BIHAR STATE CO-OPERATIVE BANK ASHOK RAJPATH PATNA 5. THE BOARD OF DIRECTORS BIHAR STATE CO-OPERATIVE BANK ASHOK RAJPATH, PATNA 6. THE STATE OF BIHAR THROUGH ITS SECRETARY CO-OPERATION DEPARTMENT OF CO-OPERATION, NEW SECRETARIATE, PATNA 7. REGISTRAR CO-OPERATIVE SOCIETES GOVT. OF BIHAR, NEW SECRETARIAT, PATNA ----------- 02. 12.01.2010 Learned counsel for the petitioner has filed supplementary affidavit placing on record agenda item no.4 of memorandum dated 5.11.2009 in respect to Sri Suresh Prasad Singh, another Assistant Manager of the Bihar State Cooperative Bank Ltd.(hereinafter referred to as “the Bank”), who superannuated with effect from 31.01.2009. 2. Heard learned counsel for the petitioner and the counsel for the Bank. 3. This writ application is directed against the order of the Managing Director of the Bank bearing Memo No.1007 dated 27.5.2009, Annexure-4, whereunder petitioner has been dismissed from service of the Bank on the charge of granting bad loans in anticipation of the approval of the Board of Directors, as is provided in Clause- 64G of the bye-laws of the Bank. Learned counsel for the petitioner has assailed the said order on various grounds, 2 including the ground that the said order was passed without the service of the inquiry report as also without giving the petitioner opportunity to file second show cause reply as also without prior approval of the Board of Directors, as is required under Clause-64G of the bye-laws of the Bank. Aforesaid grounds can be better appreciated, if the petitioner assails the order dated 27.5.2009, Annexure-4 by filing appeal before the Registrar, Co-operative Societies, Bihar, Patna as provided under Rule-33 of the service regulation of the Bank. 4. Accordingly, this writ application is disposed of with liberty to the petitioner to file service appeal against the order dated 27.5.2009, Annexure-4 before the Registrar, Cooperative Societies within 30 days from today and the delay in filing the appeal, if any, be condoned. Rajesh/ ( V. N. Sinha, J.)