LAWS(PAT)-2002-4-36

PRIYA RANJAN SINHA Vs. STATE OF BIHAR

Decided On April 11, 2002
PRIYA RANJAN SINHA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THERE are four petitioners before this Court. They seek to challenge an office order issued by the Deputy General Manager (Personnel and Administration) of the Bihar State Co-operative Bank Limited (hereinafter referred to as 'the Bank') under his Memo No. 6095, dated 24.1.2002 (Annexure-11). By the impugned order the deputation of six persons with the bank including the four petitioners, was terminated and they were relieved from the bank for-going back to their respective positions in the Bihar State Co-operative Marketing Union Limited (hereinafter to be referred as 'the Biscomaun').

(2.) NOW, it is well known that the Biscomaun is moribund, its employees, whatever there are left, who are posted in its field offices have not been paid any salary for the past several years. It is doubtful whether it would even be possible to observe the formality of the petitioners' joining at the Biscomaun. If the petitioners are able to join there, it is certainty that they shali not be paid any salary in the months to come. Thus, the impugned order of the bank for all intent and purposes renders the petitioners unemployed. It is this aspect of the matter which makes the petitioners quite desperate and upon which Dr. S.N. Jha, learned Senior Counsel appearing on their behalf laid great stress.

(3.) BUT before proceeding further it would be necessary to take note of the basic facts of the case.