HARYANA STATE CO-OPERATIVE AGRI Vs. SATYAPAL

JUDGEMENT

(1.) THE delay in refilling the appeals is condoned. This order shall dispose of a bunch of 19 appeals bearing LPA Nos. 1839 to 1849, 1891, 1898, 1899, 1900, 1902 to 1905 of 2013, as according to the learned counsel for the appellant, the facts and the issue involved in all these appeals are identical. However, the facts are being extracted from LPA No. 1839 of 2013. Challenge in all these appeals is to the judgment of learned Single Judge dated 8.8.2012 whereby the writ petitions filed by the respondents have been allowed and the impugned orders of termination of their services have been set aside.

(2.) THE relevant facts as narrated in LPA No. 1839 of 2013 are that in response to the advertisement dated 2.11.1993/21.12.1993 and 21.1.1996 published in the newspaper 'National Herald', the private respondents applied for the posts of Managers, Land Valuation Officers, Clerks and Typists. The selections were made in the year 1996. On receipt of various complaints, the Registrar Cooperative Societies, Haryana vide order dated 14.5.1996 constituted a committee to conduct an enquiry. In the enquiry report dated 21.5.1996, various irregularities were found in the recruitment. Some non selected candidates had challenged the selection and appointment of Managers before this Court. This Court stayed further appointments on 25.4.1996 and summoned the record relating to the selection of Managers. Thereafter, on detection of various malpractices adopted while preparing the merit list, the services of the selected persons were terminated by the Board of Directors of the respondent bank on 3.9.1996. The selected candidates filed CWP No. 13929 of 1996 in this court. The said petition was allowed vide order dated 8.4.1997 and the impugned order dated 3.9.1996 was set aside. The Bank filed LPA No. 433 of 1997 against the order dated 8.4.1997. The appeal was also dismissed vide order dated 14.1.2002. Still not satisfied, the bank filed SLP before the Apex Court which was dismissed vide order dated 24.8.2002. According to the appellant, prior to the judgment of the Apex Court, the Board of Directors of the Bank in pursuance to the order passed by this court in LPA discussed the issue in their meeting held on 20.4.2001. The Board of Directors constituted a committee to look into the illegalities and irregularities committed in the process of selection and appointment of Managers and other posts. Thereafter, show cause notices were issued to the selected candidates for dispensing with their services. The respondents challenged the said notices by filing various writ petitions. The same were disposed of vide order dated 6.11.2001 directing that in the event of an adverse order being passed, the respondents shall not be divested of the charge of their respective posts for a period of two week from the date of its communication so that they may be able to seek their remedy, if so advised. The appellant bank filed SLP against the aforesaid order which was dismissed vide order dated 18.3.2002. The respondents filed replies to the said show cause notices and the services of the respondents were terminated holding their appointments to be illegal. They filed writ petitions before this court which were decided by a common order dated 8.8.2012 in CWP No. 8763 of 2002, whereby the impugned orders of termination of their services were quashed. Hence the present appeals by the appellant Bank.

(3.) AFTER hearing learned counsel for the appellant and perusing the record, we do not find any merit in these appeals.