T.K. MISHRA Vs. BOKARO STEEL PLANT AND ORS.
LAWS(JHAR)-2003-5-68
HIGH COURT OF JHARKHAND
Decided on May 07,2003

T.K. Mishra Appellant
VERSUS
Bokaro Steel Plant And Ors. Respondents

JUDGEMENT

- (1.) The appellant was petitioner in CWJC No. 3656 of 1998(R), which was dismissed by learned Single Judge on 6.11.2000 on the ground that no case for interference under Article 226 of the Constitution of India was made out, One V.S. Tiwary claimed to have been employed with Bokaro Steel City, Central Consumers Co -operative Society Limited as Sales -cum -Weighman. It was detected that his appointment was illegal and was accordingly terminated by order dated 24.2.1997 passed by Additional Registrar of Co -operative Societies with immediate effect. A direction was also given to recover the salary paid to him during the period of his service from the Managing Committee, which had illegally appointed him. CWJC No. 988 of 1997(R) is pending before this Court against the termination order, wherein by interim order dated 28.10.1997 this Court granted stay in regard to recovery of salary paid to the terminated employee. In the meantime, the Co -operative Society by letter dated 28.5.1997 informed the appellant that Sri Tiwary for whom he had stood surety and had undertaken the responsibility for any shortage and amount payable in respect of the said employee, to pay a sum of Rs. 24,273.86 paise outstanding against Sri Tiwary towards sale short deposit/shortage of stock in the Co -operative depot. The appellant challenged the said direction in this Court, vide CWJC No. 3656 of 1998(R), which was not entertained and was dismissed by the learned Single Judge by impugned order dated 6.11.2000 on the ground that since respondent authorities were taking action, pursuant to agreement/bond executed by the writ petitioner, no case for interference under Article 226 of the Constitution of India was made out. We agree with the view of the learned Single Judge and find no merit in this appeal. No interference is required in the impugned order. This appeal is dismissed.;


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