Disposed

Shambhu Nath Singh v. the State of Jharkhand through the Secretary Co. Operative Department

Jharkhand HC3 Jul 2019WPC/1827/2018

Case brief

AI extract

What is this about?

The single judge, relying on prior Division Bench orders directing liquidation conclusion and payment of ex-employee dues, disposed of the writ petition by directing the liquidation process to be completed and payment of admissible dues to be made.

What did the court decide?

Direction to conclude liquidation proceedings of the bank and clear the petitioner's dues including salary, gratuity and leave encashment.

Shambhu Nath Singh Vs the State of Jharkhand through… — Cooperative Societies | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 1827 of 2018

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Shambhu Nath Singh. … …Petitioner

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-Versus-

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The State of Jharkhand through the Secretary, Co-operative Department, Govt. of Jharkhand, office located at Project Building, H.E.C. Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi.

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The Registrar, Co-operative Societies, Co-operative Department, Govt. of Jharkhand, office located at Project Building, H.E.C. Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, Dist. Ranchi.

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The Deputy Commissioner, Palamau cum the Liquidator, the Central Co-operative Bank Ltd. Daltonganj, office located At, P.O. & P.S. Daltonganj, Medninagar, Dist. Palamau (Medninagar), Jharkhand.

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The District Co-operative Officer, Palamau cum the Assistant Liquidator, the Daltonganj Central Co-operative Bank Ltd.,

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Daltonganj, office located at P.O. & P.S. Medninagar, District

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Palamau at Medninagar, Jharkhand.

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… …Respondents

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CORAM: THE HON’BLE MR. JUSTICE DR. S.N.PATHAK

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For the Petitioner :Mr. Lalit Kumar Singh, Advocate. For the Respondents :Mrs. Richa Sanchita, S.C. V.

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10/ 03.07.2019 The petitioner has approached this Hon’ble Court for quashing part and portion of order/Memo No.16 dated 26.02.2014 (Annexure-7) whereby and whereunder without application of mind, mechanically, misplacing and suppressing relevant fact and relevant provision of law in violation of the Direction by this Hon’ble Court on 22.07.2013 in W.P.(S)No.569/2013 the concerned Respondent Authority has taken stand that payable claim of the petitioner relates to period subsequent to the order of liquidation and the same shall be paid after liquidation comes to an end, the total assets and liabilities of the Bank is assessed and payment is made accordingly. Further prayer has been made for passing similar order/s and direction/s upon concerned Respondent Authorities to complete liquidation process initiated vide order dated 18.07.2005 as has been order passed by the Division Bench of this

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Hon’ble Court on 18.05.2015 in L.P.A. No.264/2013 (Benkteshwar Singh & Anr. vrs. State of Jharkhand) read with order passed on 05.08.2016 in C.M.P. No.187/2016 with cont. case (Civil) No.619/2015 (Annexure-8 series) in regard to payment of due balance payable salary to the petitioner for the period from 01.12.2002 to 17.04.2006 along with amount admissible towards Gratuity and Leave Encashment as has been ordered by this Hon’ble Court in similar case as that of case of the present petitioner being W.P.(S) No.5215/2015 on 24.08.2016 and Civil Review No.68/2016 which has been disposed of on 05.05.2017 and order has been complied by Respondent.

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At the very outset, Mr. Lalit Kumar Singh, learned Counsel appearing for the petitioner submits that the issue involved in this writ petition is now no more res integra and this writ application is squarely covered by the order passed by the Hon’ble Division Bench on 18.05.2015 in L.P.A.No.264 of 2013 and CMP No. 187 of 2016. Learned Counsel further submits that this case may be disposed of in terms of order passed in the aforesaid case.

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Per contra counter-affidavit has been filed but the learned Counsel appearing on behalf of the respondents very fairly submits that issue involved in this writ petition has already been decided by the Hon’ble Division Bench on 18.05.2015 in L.P.A.No.264 of 2013 and CMP No. 187 of 2016 and if the case of the petitioner is found to be same and similar to the case of the petitioner in L.P.A.No.264 of 2013 and CMP No. 187 of 2016, the present petitioner is also entitled for the same benefits.

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In view of fair submission of learned Counsel for the parties and considering the fact that similar issues have already been decided by this Court, this writ petition is also being disposed of in terms of orders passed by the Hon’ble Division Bench in L.P.A.No.264 of 2013 and C.M.P. No.187 of 2016, whereby it has been directed to conclude the Liquidation Proceedings and to clear the dues of the ex-employee of the Bank at the earliest. However, the petitioners are at liberty to file a fresh representation mentioning therein that they have not received legally admissible amount along with a copy of this order before the respondents, within a period of four weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondents are directed to release rest of the amount of the petitioner after

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conclusion of Liquidation Proceeding in view of order passed in L.P.A.No.264 of 2013 and C.M.P. No.187 of 2016.

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It goes without saying that if petitioner is not found entitled for the same or similar relief, reasoned order be passed and communicated to him, within a further period of four weeks.

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The writ petition is disposed of with aforesaid observations and directions.

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[Dr. S.N.Pathak,J.]

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P.K.S.

Shambhu Nath Singh v. the State of Jharkhand through the Secretary Co. Operative Department

Case brief

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Shambhu Nath Singh v. the State of Jharkhand through the Secretary Co. Operative Department

Case brief

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