NAND KISHORE RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed on behalf of ten petitioners for quashing an order dated the 28th May, 1985, issued by the Deputy Commissioner-cum-Special Officer, of the Deoghar-Jamtara Central Co-operative Bank Ltd. (hereinafter to be referred to as 'the Bank') terminating the services of the petitioners and others. A prayer has also been made to quash another order dated the 7th June, 1986, passed by the Special Officer, OB the representation filed on behalf of the Petitioaers, saying that it was not possible for the Bank to allow the petitioners to join their services.

(2.) On the 11th February, 1983 an advertisement was issued by the then Secretary of the Bank, inviting applications for appointment to different posts in Class III and Class IV. In pursuance to that advertisement several persons made applications. On the 5th March, 1984, 43 persons including the petitioners were appointed on temporary basis as assistants, typists and peons by the Secretary of the Bank. Pursuant to the appointment aforesaid these petitioners and others joined their respective posts.

(3.) On 26th June, 1984, the Registrar, Co-operative Societies, Patna, addressed a letter to the Executive Officer of the Bank, directing him to cancel all the appointments made after 1st January, 1984. In view of the aforesaid directions given by the Registrar, Co-operative Societies, the Secretary of the Bank by a communication dated 6th March, 1985 informed the petitioners and others that their salary cannot be paid because their services stood terminated by the order of the Registrar Co-operative Societies. Nineteen persons out of the appointees aforesaid filed a writ application (C. W. J. C. No. 2002 of 1985) before this Court making a grievance that the Registrar, Co-operative Societies, had no authority to direct the Bank to terminate the services of those petitioners. That writ application was allowed on the 24th May, 1985, by a bench of this Court, which held that under the Bihar and Orissa Co-operative Societies Act, (beroianiter referred to as 'the Act') the Registrar Co-operative Societies, had no authority to direct the Bank to terminate the services of its employees. This Court quashed the aforesaid direction of the Registrar, Co-operative Societies, dated 26th June, 1984, as well as the communication dated the 6th March, 1985, issued by the then Secretary of the Bank to the petitioners and others.