AJIT KUMAR SINHA, J. - (1.) THE present writ petition has been preferred for the following reliefs: A) The order dated 7.10.2004 passed by the Secretary whereby and whereunder the office order dated 6.4.2004 has been kept in abeyance (Annexure 7) be quashed. B) The Respondents be directed not to give effect to the office order 07.2.2004 and to implement the order and direction dated 6.4.2004 without any further delay. C) The respondents be directed to pay all the legal clues to the petitioner as he was in service without any break.
(2.) THE facts in brief, are set out as under: The petitioner was initially appointed as Supervisor Cooperative Society on 29.8.64 and he was suspended on 25.8.97 on the charges of embezzlement of amount and financial irregularities. The petitioner was served with a letter from the District Cooperative Officer, Ranchi, respondent No. 4 herein vide memo No. 96 dated 26.2.2001 stating therein that he will retire w.e.f. 28.2.2001. Just a day before superannuation i.e. 27.2.2001 he was served with a letter vide memo No. 1251 dated 27.2.2001 issued by the Registrar, Cooperative Society, Bihar, Patna dismissing him from service. The petitioner being constrained filed a petition before Secretary, Cooperative Department, Govt. of Jharkhand, Ranchi praying to set aside the order passed by the Registrar, dated 27.2.2001 vide which he was dismissed from service just a day before retirement The Secretary, Cooperative Department, Govt. of Jharkhand passed a detailed order No. 128 dated: 6.4.2004 setting aside the order No. 1251 dated 27.2.2001 vide which the Registrar, Cooperative Society dismissed the petitioner. Thereafter, the petitioner filed a representation dated 29.4.2004 before District Cooperative Officer, Ranchi and prayed for payment of all legal and retiral dues. The District Cooperative Officer, Ranchi wrote to the Registrar, Cooperative Society, Jharkhand, Ranchi for necessary compliance of the order No. 128, dated 6.4.2004.
(3.) IT appears that another order was passed by Secretary, Cooperative Department, Ranchi on 7.10.2004 to keep the outer dated 6.4.2004 in abeyance. The reason assigned in the impugned order was that the appeal preferred was much beyond the period of limitation in the earlier round and the Secretary, Cooperative Department, who heard the appeal had joined the post only in 2003 and the appeal was preferred after two years find four months and neither any application for condonation of delay was filed nor any reason was assigned for condoning the delay. It has further been recorded that the order was passed straightway without even setting aside the order of the dismissal by the appellate authority without considering the main issues nor any reasons has been assigned, The aforesaid order keeping in abeyance the order dated 6.4.2004 is sought to be challenged in the present writ petition.;