Patna High Court
Manish Kumar,versusThe Bihar State Cooperative Marketing Union Limited (BISCOMAUN)
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is dismissed and the petitioner is directed to seek relief before the Central Registrar, Cooperative Society, as that authority has jurisdiction over disputes involving a multi‑state cooperative society.
Summary
Manish Kumar, a regular HR Officer of the Bihar State Cooperative Marketing Union Limited (BISCOMAUN), was suspended on 2 April 2025 and was asked to show cause why his contract should not be terminated, despite being a probationary employee and not a contract worker. He filed a writ petition seeking a certiorari to quash the suspension order, mandamus to revoke the suspension and to direct payment of subsistence allowance and provident‑fund deductions. The respondents contended that BISCOMAUN, originally registered under the Bihar Co‑operative Societies Act, 1935, had become a multi‑state cooperative society governed by the Multi State Co‑operative Societies Act, 2002, making the Central Registrar, Cooperative Society the competent authority for such disputes. The Court observed that the petitioner had not impleaded the Central Registrar as a respondent and directed the petitioner to approach that authority for relief. Consequently, the writ petition was disposed of, with the Court directing the Central Registrar to pass a reasoned order on any representation filed by the petitioner.
Issues considered
- Whether the High Court has jurisdiction to entertain the writ petition challenging the suspension of the petitioner employed by a multi‑state cooperative society.
- Whether the petitioner should first approach the Central Registrar, Cooperative Society under the Multi State Co‑operative Societies Act, 2002 before filing a writ petition.
Legislation cited
Subjects
- suspension
- cooperative society
- jurisdiction
- writ of certiorari
- mandamus
- employment dispute
- Multi State Co-operative Societies Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7960 of 2026
======================================================
Manish Kumar, Son of Krishna Prasad Sinha, Resident of D/7 Magadh Vihar,
Gardanibagh, P.O.- Anishabad, P.S.- Gardanibagh, District- Patna, Bihar-
800002.
... ... Petitioner/s
Versus
1. The Bihar State Cooperative Marketing Union Limited (BISCOMAUN)
through the Managing Director, 3rd Floor, BISCOMAUN Tower, West
Gandhi Maidan, Patna- 800001.
2. The Chairman, Bihar State Cooperative Marketing Union Limited
(BISCOMAUN), 3 rd Floor, BISCOMAUN Tower, West Gandhi Maidan,
Patna- 800001.
3. The Managing Director, (presently posted as Managing Director in
officiating capacity), Bihar State Cooperative Marketing Union Limited
(BISCOMAUN), 3rd Floor, BISCOMAUN Tower, West Gandhi Maidan,
Patna- 800001.
4. The Secretary, Bihar State Cooperative Marketing Union Limited
(BISCOMAUN), 3rd Floor, BISCOMAUN Tower, West Gandhi Maidan,
Patna- 800001.
5. The Board of Directors, Bihar State Cooperative Marketing Union Limited,
3rd Floor, BISCOMAUN Tower, West Gandhi Maidan, Patna- 800001.
6. The Central Registrar, Cooperative Society Ministry of Cooperation, Govt.
of India, New Delhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Kaushik, Advocate
For the BISCOMAUN : Mr. Bindyachal Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
counsel for the Bihar State Cooperative Marketing Union
Limited (BISCOMAUN).
2. From perusal of the record, it transpires that the
counsel for the petitioner has not added the Central Registrar,
Cooperative Society as party respondent in this case.
Patna High Court CWJC No.7960 of 2026(2) dt.23-06-2026
2/4
3. As such, learned counsel for the petitioner is
hereby directed to add/implead the “Central Registrar,
Cooperative Society, Ministry of Cooperation, Government of
India, New Delhi” as party respondent no. 6 in the hard copy of
the title page of the present writ petition, in course of the day.
4. Office is also directed to add/implead the
“Central Registrar, Cooperative Society, Ministry of
Cooperation, Government of India, New Delhi” as party
respondent no. 6 in the soft copy of the title page of the present
writ petition.
5. Learned counsel for the petitioner submits that
the present writ petition has been filed for the following
relief/s:-
“I. For issuance of an order, direction or a
writ of certiorari for quashing and setting
aside the order dated 02.04.2025 whereby
and where under the petitioner who was
appointed as HR Officer, has been
suspended with immediate effect with a
further stipulation that he shall submit a
show cause as to why his contract service
should not be terminated despite the fact
that the petitioner was a regular employee
appointed on probation and not on contract
basis.
Patna High Court CWJC No.7960 of 2026(2) dt.23-06-2026
3/4
II. For issuance of an order, direction or a
writ of mandamus for directing the
respondent authorities to revoke the
suspension of the petitioner with immediate
effect and for issuance of an appropriate
direction for keeping the impugned order
dated 02.04.2025 in abeyance during the
pendency of the present writ application.
III. For issuance of an order, direction or a
writ of mandamus for directing the
respondent authorities to make payment of
subsistence allowance to the petitioner
along with arrears from the date of
suspension as well as for directing the
respondents to deduct provident fund
contribution of the petitioner during his
suspension.”
6. Learned counsel appearing for the
BISCOMAUN submits that initially, the BISCOMAUN was
registered under the Bihar Co-operative Societies Act, 1935.
But, since 2014, the status of BISCOMAUN has changed and it
is now registered under the Multi State Co-operative Societies
Act, 2002 (Act No. 39 of 2002), under which, the Central
Registrar, Cooperative Society is the competent authority to
redress any dispute relating to the Multi State Co-operative
Societies.
Patna High Court CWJC No.7960 of 2026(2) dt.23-06-2026
4/4
7. In this background, this writ petition is hereby
disposed off directing the petitioner to avail his remedy before
the Central Registrar, Cooperative Society. In case, the
petitioner has already filed a representation before the Central
Registrar, Cooperative Society (Respondent no.6) for the
grievances, then the Respondent no.6 is directed to pass a
reasoned and speaking order on the petitioner’s representation,
in accordance with law.
(Dr. Anshuman, J)
Divyansh/-
U
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