IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5724 of 2009 KAMESHWAR TIWARI Versus THE STATE OF BIHAR & ORS ----------- 2/ 05/05/2009 Heard learned counsel for the petitioner and learned counsel for the respondents. The issue in this writ application relates to the enhancement of age of superannuation in the Sasaram Bhabua District Central Cooperative Bank Limited. Learned counsel for the petitioner submits that the Department of Cooperatives has issued statutory guidelines under Section-66B of the Bihar and Orissa Cooperative Societies Act to enable the Board of directors of the individual banks to take a policy decision in respect of enhancement of age of superannuation. Notwithstanding the same, the Board of directors of the present bank was seeking to frustrate the statutory directions by not taking any decision at all. The respondent Bank is obliged in law to take an appropriate decision on the statutory recommendation made under Section-66B, either for or against. It cannot be permitted to defeat such right of consideration by sheer inaction. It is indeed an unfortunate situation that what was otherwise a purely 2 administrative issue for the bank for which statutory directions had already been issued requires the catalyst of an order of the High Court to propel the bank into action to take a decision. If the bank has created this situation the Court has no option but to direct the bank that its board of directors shall consider this matter within a maximum period of three weeks from the date of receipt/production of a copy of this order and take an appropriate decision in accordance with law. This writ application stands disposed. KC (Navin Sinha, J.)