IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12138 of 2009 1. Ram Kumar Choudhary son of Satyendra Narain Choudhary Resident of village and P.O. Baidyanathpur, P.S. Rosera, District Samastipur 2. Hare Ram Choudhary son of Sri Ram Udgar Choudhary, resident of village Rampur, Ek-Sheela P.O. & P.S. Ujiarpur, District Samastipur 3. Kamlesh Rai son of Asharfi Rai resident of village Chaksato P.S. Mohaddi Nagar, District Samastipur 4. Meharban Ahmad Khan son of Rahim Khan, resident of village Dargah Sharif P.S. Mohiuddin Nagar, District Samastipur 5. Ganesh Poddar son of Ramanand Poddar, Resident of Village & P.O. Baidyanathpur, P.S. Rosera, District Samastipur 6. Shambhu Sharan Choudhary, son of Ram Narain Choudhary, resident of village Thakhar, P.S. Rosera District Samastipur 7. Prabhakar Paswan son of Sri Hardeo Paswan, resident of village Kamkar P.O. Lachhminia P.S. Hathouri District Samastipur 8. Umesh Kumar Rai son of Ramanand Rai, resident of village and P.O. Kalyanpur, District Samastipur 9. Awadhesh Kumar Choudhary son of Sri Bhagya Narain Choudhary, Resident of village Bandhar P.S. Hathouri, District Samastipur 10. Ram Vinod son of Shiveshwar Prasad, Resident of village Hiramian P.S. Rosera, District Samastipur Versus 1. The State Of Bihar 2. Registrar, Co-operative Societies, Bihar, Patna 3. Joint Registrar, Co-operative Societies, Darbhanga Division, Darbhanga 4. Managing Director, Samastipur District Central Co-operative Bank Ltd., Samastipur For the Petitioners :Mr. Dhirendra Kumar Jha No. II, Advocate For the Bank :Mr. Aditya Narain Singh, Advocate For the State :A.C. to AAG 6 04/ 23.07.2010 Heard learned counsel for the parties. 2. Petitioners were engaged by the Samastipur District Central Co-operative Bank Limited (hereinafter referred to as the Bank) on Class III, IV post under order dated 2.3.1988, Annexure-1. Their engagement was also approved by the Board of Directors of the Bank. After approval of the engagement of the petitioners by the Board of Directors of the Bank, the Board of Directors was superceded and Administrator was appointed. The Administrator - 2 - terminated the engagement of the petitioners under order dated 11.1.1989, Annexure-2. 3. Petitioners assailed the termination order dated 11.1.1989, Annexure-2 by filing C.W.J.C. No. 1831 of 1989, which was disposed of under orders dated 24.6.1991, Annexure-3 and this Court without interfering with the termination order, permitted the petitioners to file representation against the termination order before the competent authority. In the light of the orders of this Court, petitioners were served with the notice dated 7.1.1992 asking them to show cause as to why their termination order be not maintained. In response to the show cause notice, petitioners filed their reply, which was not being considered. Thereafter, they approached this Court in C.W.J.C. No. 6466 of 1995, which was disposed of under orders dated 2.7.2008, Annexure-9 directing the authorities to consider the show cause reply filed by the petitioners and to dispose of the same. In compliance of the orders of this Court dated 2.7.2008, Annexure-9, impugned orders dated 10.12.2008, Annexure-11 series have been passed, which have been impugned in the present case, perusal whereof indicates that the Managing Director of the Bank has affirmed the termination of the engagement of the petitioners in the light of the orders of the Administrator of the Bank dated 2.11.1988. 4. By filing counter affidavit, the authorities of the Bank have placed on record the order of the Administrator dated 2.11.1988 referred to in the impugned order dated 10.12.2008, Annexure-11 series. - 3 - 5. Perusal of the order dated 2.11.1988, Annexure-A to the counter affidavit indicates that the engagement of the petitioners was terminated by the Administrator, as their engagement was made without any notice to the public at large as also without complying with the instructions of the Registrar, Co-operative Societies, Bihar, Patna issued in terms of the Rule 33 of the Bihar Co-operative Societies Rules, 1959. 6. The engagement having been made infracting Articles 14 and 16 of the Constitution of India as also the instructions of the Registrar, Co-operative Societies, Bihar, Patna was void ab initio. In the circumstances, I do not find any illegality in the order of the Administrator terminating the services of the petitioners dated 2.11.1988 on the basis of which impugned order dated 10.12.2008, Annexure-11 series has been passed. 7. In the circumstances, there is no merit in the writ petition, which is, accordingly, dismissed. Arjun/ (V.N. Sinha, J.)