VIRENDRA PRASAD SINGH GAUTAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This an application under Articles 226 aad 227 of the Constitution of India, praying for issuance of a writ of certiorari quashing the order of the Administrator, Bihar State co-operative Land Development Bank Limited Patna (Respondent no. 3) as contained in his office order dated the 31st of December, 1988 as also his order of the same date 31st December, 1988 annexed thereto, whereby the petitioner has been dismissed from service of the said Land Development Bank with effect from the date of the order. The said order is contained in Annexure 1 to the writ application,

(2.) It will be relevant to state the basic facts leading to the present application. The petitioner was Initially appointed In the Bihar Co-operative Bank, Patna in 1973, where he was promoted In the rank of the Inspecting Officer in the year 1976. Thereafter he was appointed as Secretary cum-Administrative Officer of the Bihar State Land Development Bank Limited, Patna (Respondent no. 2) hereinafter to be called as "the Land Development Bank" (on the 15th April, 1982 by the Managing Director on deputation on foreign tervfce terms. He was made incharge of the Establishment and General Sections of the Land Development Bank and in August 1986 be was made incharge of the Vigilance Section Meanwhile the petitioner was promoted to the rack of the Accounts Officer in the scale of Rs 1400-2950/-with effect from the 1st of January, 1987 in hi parent Bank, namely, the Bihar State Co-optrative Bank Limited, Patna Finally in purfuance of the resolution of the Board of Directors passed in the meeting held on the 13th of June, 1987 the petitioner was finally absorbed in the Land Development Bank on the post of Director (Personnel) by a Notification dated the 1st of August, 1987. His deputation on foreign lervice terms in the Bank ceased with effect from the 31st 01 July 1987 and he become a permanent employee of the Land Development Bank on the post of Director (Personnel)-cum-Secretary of the Land Development Bank This post he held till the impugned order was passed on the 31st of December, 1988,

(3.) On the 30th of July, 1988 the Land Development Bank was superseded under the provision of the Bihar and Orfssa State Co-operative Societies Act, and Shri P. K Basu (Respondent no. 3) was appointed as Administrator and only a day before, i. e. on tfe 29th of July 1988 he had been appointed Managing Director of the Land Development Bank It is alleged that Immediately after taking over charge as Administrator of the Land Development Bank, respondent no. 3 called the petitioner and told him that he had been commanded to dismiss the officers of a particular caste In pursuance thereof the respondent no. 3 divested the petitioner of the powers of the Director (Personnel and Vigilance) under his order dated the 17th of August. 1988 as contained is Annexure-2. A few days later i. e. on the 1st of September, 1988 a show cause notice was issued to the petitioner under the signature of respondent no. 3, asking him to show cause as to why his appointment, absorption and/or promotion on different posts be not set aside vide Annexure-3, as according to him, they were ab initio void in his show cause the petitioner submitted that his appointment and promotion was done and approved by the Board of Directors and were issued under the signature of the then Managing Director of the Land Development Bank The petitioner also submitted in his show cause that the Board of Director had examined, and finding the petitioner suitable, had appointed him on the permanent post, and there was nothing irregular and/or illegal in his appointment. Simultaneously, on the 1st of September, 1988 the respondent no. 3 Initiated a departmental proceeding against the petitioner and directed him to submit a written statement to Shri S R Ojha Deputy Managing Director (Head-quarters) of the Land Development Bank, who was appointed as the Enquiry Officer of the proceeding, although Shri Ojha drawing lower pay than that of the petitioner. The office order asking the petitioner to show cause is contained in Annexure 4. which also contains the charge-sheet. An English version of the said charge-sheet dated the 1st of September, 1988 (Anuexure-4) reads thus :