CHANDESHWAR KISHOR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners claim that they were appointed against various posts in Bihar State Cooperative Bank Limited (hereinafter referred to as 'the Bank'), initially on contractual basis through a process of selection held by the Institute of Entrepreneurship Development, Bihar, at the request of the Bank. They continued as such after their appointment on contractual basis till their services were duly regularized by a decision taken by the Board of Directors of the Bank on 07.08.2013. The resolution of the Bank has been brought on record by way of Annexure5 to the writ application.

(2.) They are aggrieved by a communication dated 23.09.2019 made by the Deputy Registrar (Sugarcane), Co operative Societies, Government of Bihar, addressed to all the members of the Board of Directors of the Bank, whereby they have been asked to respond as to why appropriate action be not taken by the Registrar, under Section 41 of the Bihar Cooperative Societies Act, 1935 (hereinafter referred to as 'the Act'), because the regularization of these petitioners, based on decision of the Board of Directors of the Bank, was illegal and against the personnel policy of the Bank. All appointments against the posts above the rank of Assistant are to be filledup through I.B.P.S. It is in this background, the Deputy Registrar has mentioned that the decision to regularize the services of these petitioners was illegal.

(3.) Learned counsel appearing on behalf of the petitioners has submitted that the respondents are contemplating initiation of recovery proceeding of the amount received by the petitioners as salary after their regularization, on the basis that their regularization itself was bad. He has submitted that before recording his opinion in the letter dated 23.09.2019, that regularization of these petitioners by the Board of Directors of the Bank was contrary to the personnel policy of the Bank, no opportunity of representation or hearing of any kind was afforded to the petitioners. He has accordingly submitted that till the petitioners are given reasonable opportunity of representation and hearing, no coercive steps should be taken against them in the matter of their appointment by way of regularization and payment of salary etc.