SATISH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) These writ applications have been filed on behalf of the petitioners for quashing an order dated 9-2-1987 issued by the Administrator, Magadh Central Co-operative Bank Ltd., Gaya, (hereinafter referred to as 'the said Bank') terminating the services of the petitioners on the ground that their appointments, were in contravention of the procedure prescribed by the Registrar, Co-operative Societies, Bihar. The appointments of the petitioners had been made on temporary basis.

(2.) The Co-operative Bank is governed by the provisions of the Bihar and Orissa Co-operative Societies Act, 1935 (hereinafter referred to as 'the Act') the primary function being to finance Co-operative Societies. The petitioners were appointed on temporary basis between 24-2-1985 and 7-7-1985 by the Honorary Secretary of the Bank, when the Managing Committee thereof was functioning. The Registrar, Co-operative Societies issued a letter dated 26-12-1985 directing the Board of Directors and the Executive Officer of the said Bank to terminate the services of the petitioners with effect from 31-12-1985. Pursuant to that direction the Executive Officer of the said Bank terminated the services of the petitioners and others by letter dated 31-12-1985 after paying the salary upto 31-12-1985. Being aggrieved by the orders of termination the petitioners filed writ applications (C. W. J. C. No. 1250 of 1986, C. W. J. C. No. 5529 of 1985 and C. W. J. C. No. 2239 of 1986). Those writ applications were allowed on 28-11-1986 and the order dated 31-12-1985 terminating the services of the petitioners was quashed on the ground that when the Managing Committee of the Co-operative Bank in question had not been superseded, then the Registrar had no authority under the provisions of the Act or the Rules to direct the Executive Officer of such Bank to terminate the services of the employees of the Bank.

(3.) By a notification dated 2-1-1987 the State Government dissolved the Managing Committee of the Bank and appointed an Administrator to manage the affairs of the Bank. The Administrator so appointed, issued the impugned order dated 9-2-1987 cancelling the appointments of the petitioners and others on the ground that such appointments had been made in contravention of the procedure prescribed by the Registrar, Co-operative Societies, and circulated by communications dated 9-2-1980 and 12-10-1980.