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1988 Supreme(Pat) 267

PATNA HIGH COURT
D.K.Sen and N.P.Singh JJ.
Nand Kishore Rai
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 4651 of 1986 ;
Decided On : JULY 19, 1988

Headnote:B. & O. Co-operative Societies Act Sec 41 (2)-Super-session of the Managing Committee-Special Officer appointed-Termination of service by Special Officer under the direction of an Officer of the Co-operative Society and not under the direction of the Registrar alone can issue direction under Sec. 41 (2) No other Officer has jurisdiction-Termination quashed (1987 P.L.J.R. 270 & C.W.J.C. No. 4112 of 1983 dated 12.1.1984 distinguished). (Para 11 & 13)

       Bihar & Orissa Co-operative Societies Act, Sec 41 (1) & (2)-Constitution of India Art 12-Supersession of Managing Committee of a Co-operative societies Act-Appointment of Special Officer by registrar in exercise of power under Sec 41 (2)-Special Officer is an authority amenable to writ jurisdiction. (Para 13)

       Constitution of India art 226-Practice-Appointees of a Co-operative Bank-Termination of service of employees by Common Order of termination challenged by three sets of applications-Termination Order quashed in one set but directions issued in the other two sets for consideration of representation-Termination upheld in consideration of representation-Writ challenging termination-Termination quashed in view of the quashing of the earlier order of termination-Petitioners held to e in continuous service. (Para 6, 9 & 14)

       

Judgment

N. P. Singh, J.

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.

4. It may be mentioned that on the 21st May, 1985, the Board of directors of the Bunk in question was superseded and the Deputy Commissioner, Deoghar, was appointed as the Special Officer to manage the affairs of the Bank. The Special Officer on 28th May, 1985 passed an order again terminating the services of the 43 appointees, including the petitioners. The Bank also filed a Special Leave Petition (S. L. P. No.9695 of 1985)before the Supreme Court for setting aside the aforesaid judgment of this court dated the 24th May, 1985, in C. W. J. C. No.2002 of 1985. That special leave petition was rejected by the Supreme Court on the 10th october, 1985.

5. There is no dispute that after rejection of the special leave petition the Deputy Commissioner-cum-Special Officer, reinstated 19 persons who were petitioners in C. W. J. C. No.2002 of 1985. When others were not reinstated to their original posts, they filed writ applications before this court. The writ application (C. W. J. C. No.361 of 1986) was filed on behalf of the nine such appointees, C. W. J. C. No.375 of 1986 was filed on behalf of two appointees, and C. W. J. C. No.1043 of 1986 was filed on behalf of five such appointees. In those writ applications a prayer was made to quash the aforesaid order dated the 26th June, 1984, passed by the registrar, Co-operative Societies, as well as the order dated the 28th May, 1985 passed by the Deputy Commissioner-cum-Special Officer again terminating the services of the 43 appointees, including the petitioners of those writ applications.

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