Back
2005 Supreme(J&K) 252
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Mansoor Ahmad Mir, J.
Gh. Mohi-ud-Din Bhat & Ors. - Appellant
Versus
State Of J&K & Ors. - Respondent
SWP No. 205/2003
Decided On : 20 September, 2005
Advocate For Appellant: Z.A. Shah
Advocate For Appellant: M.A. Qayoom
Advocate For Appellant: G.A. Lone
Advocate For Appellant: Muzaffar Hussain Attar
Advocate For Appellant: B.A. Tak
Advocate For Appellant: N.A. Tabasum
Advocate For Appellant: Omkar Singh
Advocate For Appellant: R.A. Khan
Advocate For Appellant: N.A. Ronga
Advocate For Respondent: A.H. Naik
Advocate For Respondent: M.A. Wani
Advocate For Respondent: A. Chesti
Advocate For Appellant: Shabir Ahmad
Advocate For Appellant: K.A. Lone
Appointments made without following due process are illegal and can be cancelled without notice.
Headnote:
Cooperative Bank - Disengagement Orders - Jammu & Kashmir Co-operative Societies Act, 1960, SRO 233 - The court discussed the applicability of the Jammu & Kashmir Co-operative Societies Rules and held that the rules are applicable to Cooperative Banks. The court also emphasized that appointments made without following due process are illegal and can be cancelled without notice. The court found that the engagement orders were made without jurisdiction, power, and competence, and upheld the cancellation of the orders.
Fact of the Case:
The petitioners filed writ petitions to quash disengagement orders and for commanding the respondents to allow them to continue on the posts and release salary with all consequential benefits. The court decided to hear all the writ petitions together. The petitioners alleged that the disengagement orders were made without notice and violated principles of natural justice. The respondents resisted the petitions, arguing that the engagement orders were made without seeking prior approval from the Board of Directors and were bad in law.
Finding of the Court:
The court found that the Jammu & Kashmir Co-operative Societies Rules were applicable to Cooperative Banks and that the engagement orders were made without jurisdiction, power, and competence. The court upheld the cancellation of the orders, stating that appointments made without following due process are illegal and can be cancelled without notice.
Issues: The main issues were the applicability of the Jammu & Kashmir Co-operative Societies Rules to Cooperative Banks, the legality of the engagement orders, and whether the principles of natural justice were violated.
Ratio Decidendi: The court held that the Jammu & Kashmir Co-operative Societies Rules are applicable to Cooperative Banks and emphasized that appointments made without following due process are illegal and can be cancelled without notice. The court also found that the engagement orders were made without jurisdiction, power, and competence.
Final Decision: The court dismissed all the writ petitions and upheld the cancellation of the engagement orders.
2. In the batch of 11 writ petitions figuring from Sr.No. 25 to 35 in title cause, some of the petitioners have prayed for commanding the respondents to allow them to continue on the posts and for quashing of the communication No.BK-79/iii/2691-92 dated 27.12.2002 and order No.14962-95/HC dated 31.01.2003 with a further command not to release the pay dues to the newly appointed persons and to release proper grade in favour of the petitioners.
3. And, in other batch of 6 writ petition figuring from Sr.No. 36 to 41 in the title cause, the petitioners have prayed that respondents be commanded, to place the petitioners in the pay scale of Rs.4500-150-7500 with effect from date of joining in the service and for payment of wages and, not to dis-lodge the petitioners from services and give them the same treatment, as has been given to other employees.
4. I deem it proper to decide all these writ petitions by this common judgment. Firstly, it will be proper to decide the 24 writ petitions by the medium of which dis-engagement orders have been assailed by the petitioners on various grounds, which can be aptly and precisely summarized as under; -
5. The Registrar Co-operative has superseded the Board of Directors on political consideration and has appointed new Board of Directors comprising of Deputy Commissioner, Baramulla, Deputy Registrar Co-operative Baramulla, Deputy Registrar NABARD, Srinagar.
6. The Registrar, with malafide consideration
