’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR ION (S) NO. WO b /2008 / Suresh Kumar Chauhan,. Aged about 32 years, son of Shri Barjo Chauhan, occupation — Manager, Seva Sahkari Samiti, Maryadit —‘ Bonda, Distt. Raigarh (C.G.) SUS / VER 1. State of Chhattisgarh, through the Secretary, Department of Co— operative Society, Dau Kalyan Singh Bhawan, Raipur (CG) / 2. The Registrar, Cooperative Society, State of Chhattisgarh, Raipur (CG) / The Deputy Registrar, Cooperative Society, Raigarh, Distt. Raigarh /(C.G.) t e 4. Officer, Samity In Maryadi charge, — Seva Bonda, Sahkari Tah. Sarangarh, Distt. Raigarh (CG) 226 OF THE CONSTITUTION OF INDIA WRIT PETITION U/A. i~;“ORE THE HON WRIT PETIT PETITIONER RESPONDENTS we) a) gt HIGH COURT OF CHHATTISGARH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) Writ Petition (S) No. 5540 of zoos PETITIONER Suresh Kumar Chauhan VERSUS RESPONDENTS State of Chhattisgarh and others Shri Raghvendra Pradhan counsel for the petitioner. Shri Vivek Sharma PL for respondents 1 to 3. WRIT PETITION UNDER ARTICLE 2-26 OF THE CONSTITUTION OF INDIA ORDER (20.10.2010) Main challenge in this petition is to the order dated 1.9.2008 (Annexiire P-9) passed by the office of Registrar, Co-operative Society — Respondent No.2 transferring the dispute raised by the petitioner under Section 55 (2) of the Chhattisgarh Co-operative Societies Act fo adjudication before the Deputy Registrar. 2. Counsel for the petitioner submits that on 1.6.2007 the petitioner was appointed as Committee Manager (part time). However, on 18.2.2008 a show cause notice (Annexure P-2) was issued to him which was repiied to on 26.2.2008 (Annexure P-3). Thereafter, on 19.6.2008 vide Annexure P—4 a dispute was raised by the petitioner before the Deputy Registrar under Section 64 of the Chhattisgarh Co- operative Societies Act. He submits that during the pendency of the said dispute a second show cause notice was issued to the petitioner on 9.7.2008 which was replied to by him on 21.7.2008. However, on 20.8.2008 the Society i.e. Seva Sahkari Samiti, Bonda, Tehsil Sarangarh District Raigarh where the petitioner was working was superseded and the ofticer—in-charge was appointed. He submits that on 21.8.2008 the,petitioner was removed from_service. Thereafter, he fiied an application under Section 55 (2) of the Chhattisgarh Co-’ 1 operative Societies Act before the Registrar who instead of deciding I" r ‘ 7/b ”1* the said application transferred the same to the Deputy Registrar, Raigarh. He submits that subsequent to filing of present petition, Deputy Registrar has been changed and therefore purpose of filing of this petition would be served if a direction is issued to the Deputy Registrar, Raigarh for deciding the application of the petitioner filed under Section 55 (2) of the Chhattisgarh Co—operative Societies Act in accordance with Iaw as expeditiously as possible after giving due opportunity to the petitioner to present his case and also without being influenced by earlier two show cause notices issued by his predecessor. 3. Counsel for the respondents/State submits that he has no objection if application of the petitioner under Section 55 (2) of the Chhattisgarh Co—operative Societies Act is decided by the Deputy Registrar — respondent No.3 herein in accordance with law after giving due opportunity to the petitioner. He submits that the apprehensidn of the petitioner that he would not get justice before the Deputy Registrar is wholly unfounded. He assures that the application of the‘ petitioner would be decided strictly in accordance with law. 4. In the facts and circumstances of the case, present petition is disposed of with a direction that Deputy Registrar, Co-operative Societies, Raigarh shall decide the application of the petitioner filed under Section 55 (2) of the Chhattisgarh Co—operative Societies Act strictly in accordance with law as expeditiously as possible preferably withinta period of three months from the date of receipt of copy of this order, without being influenced with any other factor. It would be the duty of the petitioner to apprise respondents 2 and 3 about this order. ., Sd/— Pritinker Diwaker Judge