IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18692 of 2008 JITENDRA KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- CWJC No.305 of 2009 VIJAY KUMAR SHARMA Versus THE STATE OF BIHAR & ORS For the petitioner : M/S Rajendra Prasad Singh Rajeev Kumar Singh For the State : Mr. Rakesh Kr. Singh, J.C. to AAG 2 And G.P. 13. ----------- 4. 03.03.2009 Heard learned counsel for the petitioners and the State. The petitioners are aggrieved by individual orders of their suspension dated 10.11.2008. Learned counsel for the petitioners submits that the order of suspension states that contrary to the cabinet decision for closure of the Bihar State Land Development Bank without approval of the competent authority, the petitioners gave directions to approach the Central Registrar, Cooperative, Ministry of Agriculture, Government of India for registration of the Bihar State Land Development Bank as Multi State Cooperative Society. The fair stand taken by the learned counsel for the State saves this Court’s much time. Learned counsel for the State fairly acknowledged that though the impugned order refers to a cabinet decision, in fact, the cabinet has only approved the proposal for winding up of the Bank but issued no further direction by issuance of necessary notification in pursuance thereof as per the Rules of Executive Business. 2 Learned counsel for the petitioner submits that subsequent to the recommendation of the Cabinet, the State Government, in fact, has given directions for holding election to the Managing Committee of the Board of Directors of the Bank. In absence of any decision in accordance with law for closure of the Bank, the ground for suspension becomes nonest. The order of suspension dated 10.11.2008 is, therefore, quashed. Both the writ applications stand allowed. AKS/ (Navin Sinha, J.)