- (1.) Special leave is granted. The appeal arises in the following circumstances.
(2.) The respondents 1-9 were appointed to different posts in the appellant co-operative bank. Subsequently their services were terminated on the ground that the initial appointments were illegal. The respondents challenged the termination of their services by filing a writ petition in the Patna High Court on the ground that the impugned orders have been passed without giving any opportunity to them to place their case. The learned single Judge. who heard the writ petition, allowed the same and quashed the orders of termination, but held that the respondents would not be immediately reinstated. It was directed that the bank would hold an inquiry in which the respondents would be allowed to place their case and only if and when the result of the inquiry is in their favour they would be reinstated in service. Accordingly a proceeding was started.
(3.) In the meantime the respondents 1-9 challenged the latter part of the judgment of the learned single Judge refusing their prayer for immediate reinstatement in service. The matter was placed for admission before a Division Bench with notice only to the State counsel, who did not represent the appellant bank. No notice was issued to the appellant bank at all and the Letters Patent Appeal was allowed and the appellant was directed to reinstate the respondents 1-9 immediately and to pay them full monetary benefits. However, subject to the observation that if ultimately the result of the inquiry goes against the respondents, they would be removed from service. This is challenged by the appellant before us.;