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2025 DAILYLAW 15958 (CHH)

SANDEEP SONI v. STATE OF CHHATTISGARH

WPS/2680/2023 · 2025-04-24

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:18542 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8163 of 2023 1. Sandeep Soni S/o. Shri Mahendra Prasad Soni, Aged About 33 Years Occupation - Computer Operator, District - Sahakari Kendriya Bank Maryadit, Ambikapur, R/o. Village - Thanganpara, In front Of High School Ambikapur, District - Sarguja, Chhattisgarh. 2. Mukesh Kumar Rajwade, S/o. Shri Ganga Prasad Rajwade, Aged About 34 Years Occupation - Computer Operator, District - Shakari Kendriya Bank Maryadit, Shakha, R/o. Village - Shreegarh, Pradhanpara, Ambikapur, District - Sarguja, Chhattisgarh. --- Petitioner(s) versus 1. State Of Chhattisgarh Through - Secretary, Department Of Co- Operative, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh. 2. The Registrar, Chhattisgarh State Co-Operation Societies, Indrawati Bhawan, Block -B, Second & Third Floor, Naya Raipur, Chhattisgarh. 3. District Cooperative Central Bank Limited Ambikapur, Through - Its Chief Executive Officer, District - Cooperative Central Bank Limited Ambikapur, District - Sarguja, Chhattisgarh. 4. Chhattisgarh Professional Examination Board (Vyapam), Through Its Secretary, Vyapam Bhavan, North Block, Sector -19, Atal Nagar, Nava Raipur, District - Raipur, Chhattisgarh. --- Respondent(s) WPS No. 164 of 2025 1. Chief Executive Officer District Co-Operative Central Bank, Ambikapur, District Surguja (Chhattisgarh) ---Petitioner(s) Versus 2 1. Mukesh Kumar Rajwade S/o Ganga Prasad Rajwade Aged About 28 Years Occupation Computer Operator, District Co-Operative Central Bank, Ambikapur, R/o Shrigarh, Pradanpara, Ambikapur District Surguja Chhattisgarh 2. The Registrar, Chhattisgarh State Cooperative Tribunal, Imlipara, Bilaspur (C.G.). --- Respondent(s) WPS No. 183 of 2025 1. Chief Executive Officer District Co-Operative Central Bank, Ambikapur, District Surguja (Chhattisgarh) ---Petitioner(s) Versus 1. Sandeep Soni S/o Mahendra Prasad Soni Aged About 26 Years Occupation Computer Operator, District Co-Operative Central Bank, Ambikapur, Head Office Field Section. R/o Tanganpara, Opp. High School, Ambikapur District Surguja (Chhattisgarh) 2. The Registrar Chhattisgarh State Cooperative Tribunal, Imlipara, Bilaspur (CG) --- Respondent(s) WPS No. 2680 of 2023 1. Sandeep Soni S/o Shri Mahendra Prasad Soni Aged About 26 Years Occupation- Computer Operator, District-Sahkari Kendriye Bank Maryadit Ambikapur R/o Village Thanganpara In front Of High School Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 2. Mukesh Kumar Rajwade S/o Shri Ganga Prasad Rajwade Aged About 28 Years Occupation- Computer Operator District- Sahakari Kendriya Bank Maryadit Shakha, R/o Village Shreegarh Pradhanpara Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through Secretary Department Of Co-Operative, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2. The Registrar Chhattisgarh State Co- Operative Societies , Indrawati Bhawan, Block- B, Second And Third Floor, Naya Raipur, District : Raipur, Chhattisgarh 3 3. District Cooperative Central Bank Limited Ambikapur Through Its Chief Executive Officer, District- Cooperative Central Bank Limited Ambikapur, District : Surguja (Ambikapur), Chhattisgarh --- Respondent(s) Cause title is taken from the Case Information System For Petitioners in WPS No. 8163/2023 & 2680/2023 : Shri Neeraj Choubey, Advocate For Petitioners in WPS No.104/2025 & 183/2025 : Shri Sanjay Patel, Advocate For State : Shri Rishab Bisen, Advocate For Respondent No.4 in WPS No.8163/2023 : Ms Shriyadeep Gupta, Adv. appears on behalf of Shri Animesh Tiwari, Advocate Order on Board By Bibhu Datta Guru, J. 24/4/2025 1. Since subject matter of WPS No.8163/2023 (Sandeep Soni & Anr. v State & Ors.) & WPS No.2680/2023 (Sandeep Soni & Anr. v State & Ors.) and WPS No.164/2025 (CEO v Mukesh Kumar Rajwade & Anr.) & WPS No.183/2025 (CEO v Sandeep Soni & Anr.) is similar and the same has already been adjudicated by the CG State Cooperative Tribunal by order dated 18/10/2022 and subsequently, confirmed by it vide order dated 16/1/2024 all these petitions are being considered together and decided by this common order. 2. By referring the order dated 25.03.2022 learned counsel submits that the Tribunal has observed that the order passed by the Joint Registrar, Cooperative Societies, which was under challenge in the appeal, was null and void however, it has been mentioned that the second appeal filed by the petitioner Bank is dismissed. Learned counsel further submits that there is a typographical mistake in the order dated 18/10/2022, though the order of the Joint Registrar was stated to be null and void but it has been mentioned that the second appeal has been dismissed. The Bank brought the said fact before the learned Tribunal however the impugned order dated 16-1-2024 has been passed by the Tribunal observing that the review sought by the petitioner Bank is not 4 coming under the purview of review and the review of the same order cannot be made and the application for review is dismissed as not maintainable. 3. I have heard the learned counsel for the petitioner and perused the documents. 4. Perusal of the impugned order would show that the Tribunal has observed that the order passed by the Joint Registrar as null and void however, it has been mentioned that the second appeal is dismissed. It appears that though the Tribunal quashed the order under challenge in the appeal but it has wrongly been mentioned that the second appeal has been dismissed. 5. It appears from the impugned order dated 16/01/2024 that the Tribunal without appreciating the fact that the mentioning of dismissal of the second appeal is just a typographical mistake and without considering the same passed the impugned order and rejected the review application filed by the petitioner Bank. Hence the order impugned dated 16-1-2024 is hereby quashed and the matter is remanded back to the tribunal to review the order dated 18/10/2022 in accordance with law by appreciating the contention raised by the petitioner and examining the order dated 18/10/2022 passed by the Tribunal in appeal. 6. The Tribunal is directed to provide due opportunity of hearing to the petitioners in WPS No.8163/2023 and WPS No.2680/2023. 7. In WPS No.8163 of 2023 there was a direction of this Court to keep two posts of General Assistant vacant until further orders. Thus, it is ordered that till final decision of the Tribunal the interim order dated 11-10-2023 passed in WPS No.8163 of 2023 shall remain operative. 8. With the aforesaid observation and direction, all the writ petitions are disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.04.24 18:23:06 +0530