CO OPERATIVE AGRICULTURAL RURAL Vs. BASANTI SWAIN

JUDGEMENT

(1.) THIS is an application for review of our judgment dated 28.8. 2002 in O.J.C. No, 10429 of 2000 filed by the Co operative Agricultural Rural Development Bank Limited, Jagatsinghpur (for short, 'the CARD Bank') and its Secretary. By the said judgment dated 28.8.2002 the writ petition filed by Smt. Basanti Swain (hereinafter referred to as 'the writ petitioner') was allowed.

(2.) THE facts relevant for the purpose of disposal of the review petition briefly are that by an order dated 27.7.1998 of the President of CARD Bank, the writ petitioner was appointed as Junior Assistant in the CARD Bank temporarily with effect from 27.7.1998. Pursuant to the said appointment, the writ petitioner joined as Junior Assistant and was paid Rs. 2000/ on 11.1.1999 and Rs. 5000/ on 31.3.1999. With effect from 1.6.2000, she was not allowed to sign the daily attendance register. She submitted a representation dated 5.6.2000 before the Secretary, CARD Bank making a grievance that she was not allowed to sign the attendance register. When her representation did not yield any result, she filed the writ petition O.J.C. No. 10429 of 2000 on 20.10.2000 for directing the Opp. parties in the writ petition to release the arrear and current salary due and outstanding from 27.7.1998 after deducting a sum of Rs. 7000/ already paid to her. A counter affidavit was filed in the said O.J.C. No. 10429 of 2000 by the CARD Bank and its Secretary contending, inter alia, that the writ petitioner was appointed without any selection by the then President of CARD Bank and without approval of the higher authorities and the appointment was made by manipulation with oblique purpose to give illegal gain to the writ petitioner and to cause financial loss to the CARD Bank. In the said counter affidavit, it was further stated that an enquiry was conducted by the Sub Assistant Registrar of Co operative Societies, CARD Bank, Jagatsinghpur pursuant to the direction of the Assistant Registrar of Co operative Societies, CARD Bank, Jagatsinghpur and the Sub Assistant Registrar of Co operative Societies, CARD Bank, Jagatsinghpur had submitted an enquiry report. A copy of the said enquiry report had been annexed to the counter affidavit as Annexure 1/4. The enquiry report revealed the manipulations and frauds committed with regard to the appointment of the writ petitioner and her attendance. In the said counter affidavit of the CARD Bank and its Secretary it was also stated that the attendance register of CARD Bank of 1999 was missing and the attendance registers from the year 2000 and 2001 did not reveal any entry of the name of the writ petitioner.

(3.) THE aforesaid judgment of the Court is sought to be reviewed on the ground that certain documents which were in the custody of the CARD Bank and its Secretary could not be brought into the record and certain relevant propositions of law which a rose for consideration could not also be placed for consideration of the Court. Dr. M. R. Panda, learned counsel for the review applicants CARD Bank and its Secretary, submitted that the documents annexed to the review petition as Annexure 1 series would show that various circulars have been issued by the Government of Orissa in the Co operation Department to the Co operative Banks not to go for fresh recruitment to any post without the approval of the competent authority. He further submitted that Section 33 A read with Section 123 A of the Orissa Co operative Societies Act, 1962 conferred power on the Government to issue such instructions and circulars prohibiting the Co operative Societies to make any appointment. Hence, any appointment made contrary to the said instructions/circulars of the Government issued in exercise of the statutory power are illegal and inoperative in the eye of law. Dr. Panda submitted that the judgment dated 28.8.2002 in O.J.C. No. 10429 of 2000 is silent on this point of law and thus, the Court should review the said judgment and reconsider the legality and correctness of the appointment of the writ petitioner as Junior Assistant in the CARD Bank. He further submitted that the enquiry report submitted by Shri C. S. Das, Branch Manager, OSCARD Bank, Cuttack Branch would show that the very appointment of Basanti Swain, the writ petitioner, was irregular and illegal and this document could not be produced before the Court before the hearing of the writ petition despite due diligence on the part of the review applicants. He argued that the aforesaid enquiry report also indicates that the writ petitioner never worked in the CARD Bank even for a day and her appointment is shrouded in mischief, Dr. Panda vehemently argued that since the initial order of appointment was illegal, no right or benefit can flow from it and though this plea was available, the same has not been considered by the Court. Dr. Panda further submitted that this Court has inherent power to review its decision under Article 226 of the Constitution and relied on the decisions of the Supreme Court in Aribam Tuleshwar Sharma v. Aribam Pishak Sharma and Ors., AIR 1979 SC 1047 and Ajit Kumar Rath v. State of Orissa and Ors., AIR 2000 SC 85 in support of his aforesaid submissions.