IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1638 of 2010 RAGHU NATH PANDEY S/O LATE RAM NATH PANDEY AT PRESENT RESIDING AT MOHALLAH- GOLGHAR BANK ROAD, P.S.GANDHI MAIDAN,TOWN &DISTT-PATNA Versus 1. THE BIHAR STATE CO-OPERATIVE MARKETING UNION (BISCOMAUN) THROUGH IT'S ADMINISTRATOR, WEST GANDHI MAIDAN, PATNA-800001 2. THE MANAGING DIRECTOR BISCOMAUN WEST GANDHI MAIDAN,PATNA-800001 3. THE SECRETARY, BISCOMAUN WEST GANDHI MAIDAN,PATNA-800001 ----------- 04. 19.02.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Co-operative Marketing Union(hereinafter referred to as the “BISCOMAUN”). 2. Petitioner, who at the relevant time served as Assistant Godown Manager in BISCOMAUN has filed this writ application assailing the order bearing Memo No.1292 dated 9.2.2007 passed by the Managing Director, BISCOMAUN, Annexure-7, whereunder he has been dismissed from service after conclusion of the departmental proceeding initiated against him. The date on which the impugned dismissal order was passed BISCOMAUN was under the control of the Managing Committee. In the circumstances, the writ application assailing the dismissal order dated 9.2.2007 is not maintainable before this Court. Petitioner, however, is at liberty to challenge the said dismissal order before the Registrar, Co-operative Societies, Bihar, Patna. 3. This writ application is disposed of with liberty to petitioner to challenge the dismissal order dated 9.2.2007, Annexure-7 before the Registrar, Co-operative Societies, Bihar, Patna and if the appeal is filed within 30 days from the date of receipt of the certified copy of this order, the Registrar should consider the question of limitation in filing the appeal before him leniently and consider the appeal on merits in accordance with law as early as possible, in any case within two months from the date of receipt of the memo of appeal along with the limitation petition and a copy of this order. Rajesh/ (V.N.Sinha, J.) - 2 -