IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12878 of 2003 NAWAL KISHORE SINGH & ANR Versus THE STATE OF BIHAR & ORS ----------- 8/ 04/02/2010 Heard learned counsel for the petitioners and learned counsel for the State of Bihar as also for respondent No8. No one appears on behalf of respondent Nos.6 and 7 despite valid service of notice. The petitioners are aggrieved by the order dated 1.10.2003 at annexure-9 issued by the administrator, C.D. and C.M. Union Ltd., Dihri-cum- Managing Director, Sasaram Bhabua Central Cooperative Bank Limited, Sasaram Terminating their services with immediate effect. Specific assertion of fact has been made in the writ petition that a show cause notice was issued on 13.1.2003 as to why departmental proceedings be not initiated which was duly replied on 25.2.2003 and 3.3.2003. Thereafter, neither charges were framed, nor evidence was supplied and without holding a departmental proceeding the petitioners were dismissed from service. The respondent bank having chosen not to appear and assist the Court, the pleadings in the writ petition have to be accepted on the principles of non 2 traverse. Additionally, from the impugned order of termination dated 1.10.2003 it does not appear that any charges were served upon the petitioner, a regular proceeding held, followed by an enquiry report and then terminated. In the circumstances, this Court finds it difficult to uphold the order of termination dated 1.10.2003 as having been issued completely contrary to law. Any claim for back-wages by the petitioners shall have to be determined by the authorities in accordance with law regulating the grant of back-wages. The writ application stands allowed. KC/ ( Navin Sinha, J.)