WAHEEDA REHMAN Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) Secretary, Baramulla Central Cooperative Bank Limited, Baramulla (the Bank "for short")- respondent No. 5 in the Letters Patent Appeals on hand, in the year 2002, by separate orders, made as many as 158 appointments in the Bank. The beneficiaries were appointed on different posts and on different terms. While some of the beneficiaries were appointed on consolidated basis and were to get monthly remuneration ranging from Rs. 1500-2500, a few of them were placed in regular grade of Rs. 4500-7500. The engagement order in respect of some of the candidates recorded that the order was being made pursuant to decision of the Board of Directors of the Bank, whereas in case of good number of appointees no reference was made to the decision of the Board of Directors of the Bank.

(2.) Be that as it may, the matter of alleged large scale illegal appointments in the Bank did not escape the public attention for long. Once the matter surfaced and attracted public attention, the records of the Bank were examined and the inspection report prepared. The inspection report pointed out that 158 candidates were ap pointed by Secretary of the Bank in the year 2002 on consolidated wages of Rs. 1500-2500 per month without approval of the Board of Directors and without following the procedure to be adhered to while making the appointments against the available vacancies in the Bank. It also transpired that appointments were made against non existing posts. The inspection report suggested the Bank to consider terminating the service of the appointees of 2002.

(3.) The Chief General Manager of the Bank accordingly asked the Secretary to take steps in terms of recommendations made in the Inspection Report. However, Secretary in his response to the communication received from Chief General Man ager made an attempt to justify the appointments. The Board of Directors failed to notice alleged irregularities made by its Secretary and avoided to act on the suggestions made by the Chief General Manager.