Case Details

211100078192017_1.txt WP(C) 7819/2017 BEFORE HON’BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA Heard Mr. A.K. Purakayastha, learned counsel for the petitioner. Also heard Dr. B. Ahmed, learned counsel for the Cooperation Department. Issue notice, returnable in four weeks. Extra copy be furnished within t hree days. The petitioner who was serving under the respondent bank as In-Charge Br anch Manager, was transferred to Krishnai Branch at Goalapara vide order dated 3 0.12.2009. The petitioner accordingly filed a representation before the authorit ies on 07.01.2010, requesting that he be given another place of posting. When th e said representation was not given a consideration, the petitioner preferred a writ petition being WP(C) No.5410/2013. In course of the hearing of the said writ petition, the petitioner was i nformed about the order dated 06.12.2013 that he had been terminated from servic e for remaining absent. The said order of termination of 06.12.2013 has been ass ailed in this writ petition. One of the core grounds of the petitioner is that before terminating the service of the petitioner, no notice or proceeding of any kind have been held. In view of the above, on being prima facie satisfied that the order of t ermination of 06.12.2013 has been made in violation of the principles of natural justice and also considering the balance of convenience and the irreparable los s that the petitioner may suffer, more particularly, in view of the pendency of the writ petition being WP(C) No.5410/2013, this Court deems it appropriate that the order of termination dated 06.12.2013 is hereby stayed until further order.

Page No.# 1/2 GAHC010205402017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 7819/2017 1:KUBBAT ALI MONDAL S/O. LT. KARIMUDDIN MONDAL, RESIDENT OF VILLAGE OJAHGAON, P.O. NIJ-KHARUPETIA, P.S. DALGAON, DISTRICT- DARRANG, ASSAM, PIN- 784115. VERSUS 1:THE UNION CO-OPERATIVE BANK LTD. and 3 ORS. REPRESENTED BY THE CHAIRMAN HAVING ITS HEAD OFFICE AT GMCH ROAD, CHRISTIAN BASTI, HOUSE NO. 65, GUWAHATI-5, ASSAM, PIN- 781005. 2:THE MANAGING DIRECTOR UNION CO-OPERATIVE BANK LTD. GMCH ROAD CHRISTIAN BASTI HOUSE NO. 65 GUWAHATI-5 ASSAM PIN-781005. 3:THE BRANCH MANAGER UNION CO-OPERATIVE BANK LTD. KRISHNAI BRANCH GOALPARA ASSAM PIN- 4:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-22 PIN-781022 Page No.# 2/2 Advocate for the Petitioner : MR.A K PURKAYASTHA Advocate for the Respondent : SC, CO-OP. BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY 26.02.2018 In reference to the office note dated 22.02.2018, the learned counsel Mr. A.K. Purkayastha submits that requisite steps were taken today. The learned advocate Ms. H. Deka submits that her senior Mr. B.D. Goswami as the standing counsel for the Union Cooperative Bank Ltd. has received the extra copies, on behalf of respondent Nos.1 and 2. In view of above, the Registry should re-visit the office note dated 22.02.2018 and proceed accordingly, by reflecting the name of Mr. B.D. Goswami as the counsel for the Union Cooperative Bank Ltd., in the cause list and in the case records. Sd/- JUDGE Comparing Assistant

Page No.# 1/2 GAHC010205402017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 7819/2017 1:KUBBAT ALI MONDAL S/O. LT. KARIMUDDIN MONDAL, RESIDENT OF VILLAGE OJAHGAON, P.O. NIJ-KHARUPETIA, P.S. DALGAON, DISTRICT- DARRANG, ASSAM, PIN- 784115. VERSUS 1:THE UNION CO-OPERATIVE BANK LTD. and 3 ORS. REPRESENTED BY THE CHAIRMAN HAVING ITS HEAD OFFICE AT GMCH ROAD, CHRISTIAN BASTI, HOUSE NO. 65, GUWAHATI-5, ASSAM, PIN- 781005. 2:THE MANAGING DIRECTOR UNION CO-OPERATIVE BANK LTD. GMCH ROAD CHRISTIAN BASTI HOUSE NO. 65 GUWAHATI-5 ASSAM PIN-781005. 3:THE BRANCH MANAGER UNION CO-OPERATIVE BANK LTD. KRISHNAI BRANCH GOALPARA ASSAM PIN- 4:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-22 PIN-781022 Page No.# 2/2 Advocate for the Petitioner : MR.A K PURKAYASTHA Advocate for the Respondent : MR. B D GOSWAMI (SC, UNION COOPERATIVE BANK LTD.) BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY 02.04.2018 The petitioner is unrepresented when the case is called. On the other hand, the learned counsel Ms. H. Deka appearing for the Union Cooperative Bank Ltd. prays for and is granted further 4(four) weeks’ time, to file the counter affidavit in this case, where the discharge of the Branch Manager for unauthorized absence, is challenged by the petitioner. Sd/- JUDGE Comparing Assistant

Page No.# 1/2 GAHC010239902013 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 7819/2017 1:KUBBAT ALI MONDAL S/O. LT. KARIMUDDIN MONDAL RESIDENT OF VILLAGE OJAHGAON P.O. NIJ-KHARUPETIA P.S. DALGAON DISTRICT- DARRANG ASSAM PIN-784115. VERSUS 1:THE UNION CO-OPERATIVE BANK LTD. and 3 ORS. REPRESENTED BY THE CHAIRMAN HAVING ITS HEAD OFFICE AT GMCH ROAD CHRISTIAN BASTI HOUSE NO. 65 GUWAHATI-5 ASSAM PIN-781005. 2:THE MANAGING DIRECTOR UNION CO-OPERATIVE BANK LTD. GMCH ROAD CHRISTIAN BASTI HOUSE NO. 65 GUWAHATI-5 ASSAM PIN-781005. 3:THE BRANCH MANAGER UNION CO-OPERATIVE BANK LTD. Page No.# 2/2 KRISHNAI BRANCH GOALPARA ASSAM PIN- 4:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-22 PIN-781022. Advocate for the Petitioner : MR.A K PURKAYASTHA Advocate for the Respondent : MR. B D GOSWAMI (SC UNION COOPERATIVE BANK LTD.) BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER 05.04.2019 Heard Mr. A. K. Purkayastha, learned counsel for the petitioner as well as Ms. A. Swargiyari, learned counsel appearing for the respondent Nos. 1, 2 & 3. Also heard Ms. B. S. Neog, learned counsel appearing for the respondent No. 4. This writ petition is pending since 2017 and in view of the nature of grievance raised in the present writ petition, this Court is inclined to admit this writ petition for hearing by issuing rule without requiring the petitioner to take fresh steps as all the respondents are duly represented through their learned counsel. It is seen that no affidavit-in-opposition is filed in the matter. One last chance is granted to the respondents to file affidavit-in-opposition, if so advised within the outer period of 3(three) weeks from today failing which the affidavit-in-opposition shall not be accepted on record. List the matter for final hearing on 09.05.2019. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010239902013 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 5410/2013 1:MD. KUBBAT ALI MONDAL S/O- LT. KARIMUDDIN MONDAL, R/O VILL.- OJAHGAON, P.O.- NIJ- KHARUPETIA, P.S.- DALGAON, DIST.- DARRANG, ASSAM, PIN- 784115. VERSUS 1:THE UNION CO-OPERATIVE BANK LTD. and 3 ORS. REP. BY THE CHAIRMAN, HAVING ITS HEAD OFFICE AT GMCH ROAD, CHRISTIANBASTI, HOUSE NO. 65, GHY- 5, ASSAM, PIN- 781005. 2:THE MANAGING DIRECTOR UNION CO-OP. BANK LTD. GMCH ROAD CHRISTIAN-BASTI HOUSE NO. 65 GHY- 5 ASSAM PIN- 781005. 3:THE BRANCH MANAGER UNION CO-OPERATIVE BANK LTD. KRISHNAI BRANCH GOALPARA ASSAM PIN- 4:THE REGISTRAR OF CO-OP. SOCIETIES ASSAM KHANAPARA GHY- 22 PIN- 781022 Advocate for the Petitioner : MR.A K PURKAYASTHA Page No.# 2/3 Advocate for the Respondent : DR.B AHMED Linked Case : WP(C) 7819/2017 1:KUBBAT ALI MONDAL S/O. LT. KARIMUDDIN MONDAL RESIDENT OF VILLAGE OJAHGAON P.O. NIJ-KHARUPETIA P.S. DALGAON DISTRICT- DARRANG ASSAM PIN-784115. VERSUS 1:THE UNION CO-OPERATIVE BANK LTD. and 3 ORS. REPRESENTED BY THE CHAIRMAN HAVING ITS HEAD OFFICE AT GMCH ROAD CHRISTIAN BASTI HOUSE NO. 65 GUWAHATI-5 ASSAM PIN-781005. 2:THE MANAGING DIRECTOR UNION CO-OPERATIVE BANK LTD. GMCH ROAD CHRISTIAN BASTI HOUSE NO. 65 GUWAHATI-5 ASSAM PIN-781005. 3:THE BRANCH MANAGER UNION CO-OPERATIVE BANK LTD. KRISHNAI BRANCH GOALPARA ASSAM PIN- 4:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM Page No.# 3/3 KHANAPARA GUWAHATI-22 PIN-781022. Advocate for the Petitioner : MR.A K PURKAYASTHA Advocate for the Respondent : MR. B D GOSWAMI (SC UNION COOPERATIVE BANK LTD.) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 13-06-2019 Ms. S.C Deka, appearing on behalf of the Co-operative bank, submits that she will be filing affidavit-in-opposition within 1(one) week. She accordingly prays that the matter be listed after vacation. The learned counsel for the petitioner Mr. S. Sharma submits that he has got no objection. Accordingly, list this matter on 18.07.2019. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010239902013 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 5410/2013 1:MD. KUBBAT ALI MONDAL S/O- LT. KARIMUDDIN MONDAL, R/O VILL.- OJAHGAON, P.O.- NIJ- KHARUPETIA, P.S.- DALGAON, DIST.- DARRANG, ASSAM, PIN- 784115. VERSUS 1:THE UNION CO-OPERATIVE BANK LTD. and 3 ORS. REP. BY THE CHAIRMAN, HAVING ITS HEAD OFFICE AT GMCH ROAD, CHRISTIANBASTI, HOUSE NO. 65, GHY- 5, ASSAM, PIN- 781005. 2:THE MANAGING DIRECTOR UNION CO-OP. BANK LTD. GMCH ROAD CHRISTIAN-BASTI HOUSE NO. 65 GHY- 5 ASSAM PIN- 781005. 3:THE BRANCH MANAGER UNION CO-OPERATIVE BANK LTD. KRISHNAI BRANCH GOALPARA ASSAM PIN- 4:THE REGISTRAR OF CO-OP. SOCIETIES ASSAM KHANAPARA GHY- 22 PIN- 781022 Advocate for the Petitioner : MR.A K PURKAYASTHA Page No.# 2/3 Advocate for the Respondent : DR.B AHMED Linked Case : WP(C) 7819/2017 1:KUBBAT ALI MONDAL S/O. LT. KARIMUDDIN MONDAL RESIDENT OF VILLAGE OJAHGAON P.O. NIJ-KHARUPETIA P.S. DALGAON DISTRICT- DARRANG ASSAM PIN-784115. VERSUS 1:THE UNION CO-OPERATIVE BANK LTD. and 3 ORS. REPRESENTED BY THE CHAIRMAN HAVING ITS HEAD OFFICE AT GMCH ROAD CHRISTIAN BASTI HOUSE NO. 65 GUWAHATI-5 ASSAM PIN-781005. 2:THE MANAGING DIRECTOR UNION CO-OPERATIVE BANK LTD. GMCH ROAD CHRISTIAN BASTI HOUSE NO. 65 GUWAHATI-5 ASSAM PIN-781005. 3:THE BRANCH MANAGER UNION CO-OPERATIVE BANK LTD. KRISHNAI BRANCH GOALPARA ASSAM PIN- 4:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM Page No.# 3/3 KHANAPARA GUWAHATI-22 PIN-781022. Advocate for the Petitioner : MR.A K PURKAYASTHA Advocate for the Respondent : MR. B D GOSWAMI (SC UNION COOPERATIVE BANK LTD.) BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 18-07-2019 Both sides are duly represented by learned counsel. On the prayer made by learned counsel for the respondents, the matter stands adjourned today. It is made clear that no further adjournments will be granted because this is a writ petition of 2013. List on 29.08.2019. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010239902013 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 5410/2013 1:MD. KUBBAT ALI MONDAL S/O- LT. KARIMUDDIN MONDAL, R/O VILL.- OJAHGAON, P.O.- NIJ- KHARUPETIA, P.S.- DALGAON, DIST.- DARRANG, ASSAM, PIN- 784115. VERSUS 1:THE UNION CO-OPERATIVE BANK LTD. and 3 ORS. REP. BY THE CHAIRMAN, HAVING ITS HEAD OFFICE AT GMCH ROAD, CHRISTIANBASTI, HOUSE NO. 65, GHY- 5, ASSAM, PIN- 781005. 2:THE MANAGING DIRECTOR UNION CO-OP. BANK LTD. GMCH ROAD CHRISTIAN-BASTI HOUSE NO. 65 GHY- 5 ASSAM PIN- 781005. 3:THE BRANCH MANAGER UNION CO-OPERATIVE BANK LTD. KRISHNAI BRANCH GOALPARA ASSAM PIN- 4:THE REGISTRAR OF CO-OP. SOCIETIES ASSAM KHANAPARA GHY- 22 PIN- 781022 Advocate for the Petitioner : MR.A K PURKAYASTHA Page No.# 2/3 Advocate for the Respondent : DR.B AHMED Linked Case : WP(C) 7819/2017 1:KUBBAT ALI MONDAL S/O. LT. KARIMUDDIN MONDAL RESIDENT OF VILLAGE OJAHGAON P.O. NIJ-KHARUPETIA P.S. DALGAON DISTRICT- DARRANG ASSAM PIN-784115. VERSUS 1:THE UNION CO-OPERATIVE BANK LTD. and 3 ORS. REPRESENTED BY THE CHAIRMAN HAVING ITS HEAD OFFICE AT GMCH ROAD CHRISTIAN BASTI HOUSE NO. 65 GUWAHATI-5 ASSAM PIN-781005. 2:THE MANAGING DIRECTOR UNION CO-OPERATIVE BANK LTD. GMCH ROAD CHRISTIAN BASTI HOUSE NO. 65 GUWAHATI-5 ASSAM PIN-781005. 3:THE BRANCH MANAGER UNION CO-OPERATIVE BANK LTD. KRISHNAI BRANCH GOALPARA ASSAM PIN- 4:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM Page No.# 3/3 KHANAPARA GUWAHATI-22 PIN-781022. Advocate for the Petitioner : MR.A K PURKAYASTHA Advocate for the Respondent : MR. B D GOSWAMI (SC UNION COOPERATIVE BANK LTD.) BEFORE THE HON’BLE MR JUSTICE SOUMITRA SAIKIA ORDER 05.12.2019 On the submission of Mr. S. K. Das, the learned counsel for the petitioner, these matters stand adjourned today and same be listed in the next regular Part-II hearing list. JUDGE Comparing Assistant