AJAY KUMAR MISHRA Vs. REGISTRAR, CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) There are thirteen Petitioners in C.W.J.C. No. 4267 of 1993, two in C.W.J.C. No. 4060 of 1993 and five in C.W.J.C. No. 1782 of 1993; they all challenge the same orders on the same grounds. Hence, these applications have been heard together and are being disposed of by this judgment. The three writ applications are similar in all material aspects excepting that the impugned orders have been assigned different annexure numbers in the three applications; for the sake of convenience I have before me the records of C.W.J.C. No. 4267 of 1999 for the purpose of writing this judgment. The facts from the other two cases would be adverted to as and when the need arises.

(2.) The Petitioners in all the three writ applications are aggrieved by an order, dated November, 4, 1991, passed by the Registrar, Co-operative Societies, Bihar, Patna wherein, following an enquiry, it was held that the appointments of all the Petitioners (in all the three cases) in the Central Co-operative Bank, Arrah, was made on an irregular basis. In consequence of this finding, the Registrar, in the aforesaid order, gave a direction to the Managing Director of the Bank to terminate all the ad hoc and irregular appointments and to fill up the resultant vacancies afresh in accordance with law. A true copy of this order is to be found at Annexure-2 in C.W.J.C. No. 4267 of 1993; a copy of the same order is at Annexure-4 in C.W.J.C. No. 7782 of 1993 and at Annexure-1 in C.W.J.C. No. 4060 of 1993. The writ application in hand (C.W.J.C. No. 4267 of 1993) was originally filed assailing the aforesaid order of the Registrar. During the tendency of the writ petition, the Managing Director of the Bank following the Registrar's direction in the order, dated 04.11.91, terminated the services of 26 persons (including the twenty Petitioners in these three cases) vide his order contained in memo No. 507, dated 06.07.93. This order also comes under challenge and has been brought on the record as Annexure-6 to an amendment petition filed in this case. Its copies are at Annexures 7 and 15 respectively on the records of C.W.J.C. Nos. 7782 and 4060 of 1993.

(3.) Before proceeding to narrate the, facts it may be noted that the fate of these applications would primarily depend upon the challenge to the Registrar's order, dated 04.11.91. The order of the Managing Director of the Bank is merely consequential and its survival will depend upon the decision regarding the validity of the direction given to him by the Registrar.