SHEOSHANKAR PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for quashing an order of termination of the services of the petitioners dated 28-5-1985, a copy of which is Annexure-11 to this writ application as also the direction of the Registrar, Co-operative Societies, Bihar, dated 26-6-1984, as contained in Annexure-7, which motivated the passing of the impugned order (Annexure-11).

(2.) The case of the petitioners is that in response to an advertisement issued by respondent No. 3 Deoghar-Jamtara Central Co-operative Bank (hereinafter referred to as the Bank) for the posts of Peons, Clerks, Stenographers and Typis's, these five petitioners submitted applications for the posts of Peons. In due course they were called for interview and were selected for appointment. These petitioners were eventually appointed as Peons by letter dated 5-3-1984 issued by respondent No. 3 and they joined their respective post. In due course they were also confirmed-petitioner Nos. 1, 2 and 4 by order dated 10-9-1984 and others by order dated 22-9-1984. In fact, 43 appointments for different posts were made by respondent No. 3 and all of them joined their posts in the same manner. After sometime, however, the payment of salary wits stopped to all the 43 employees including the petitioners and as such they represented their case before the Honorary Secretary of the Bank on 6-3-1985. the Honorary Secretary, however expressed his liability to pay their salary to them in view of the letter of the Registrar of the Co-operative Societies, Bihar (Annexure-7).

(3.) Even before the issuance of the said letter dated 26-6-1984 (Annexure- 11) an order for termination of their services was passed, which was challenged by some of the employees, namely, Binod Kumar Singh and others in C. W. J. C. No. 4112 of 1983 in which their stand was that the Registrar, Cooperative Societies, Bihar, or even the State Government had no authority to terminate the services of the employees of the Co-operative Bank. This writ application was allowed by a Division Bench of this Court which also quashed the order of termination of the services of the petitioners of that case, holding that Ihe State Government or even the Registrar of the Co-operative Societies had no power to terminate the Services of the employees of the Bask. Annexure-8 is a copy of this judgment.