6056 of 97 a writ petition for directing the appellant Bank to declare the results of the selections made for the recruitment of junior clerks junior clerks cum typists and further direct appointments to be made in terms of such results.
Therefore, the Board of Directors, unanimously by expressing disagreement with the entire action of the Managing Director, rejects the selection list issued by him.
The Managing Director did number participate in the proposed enquiry.
Objection regarding the maintainability of the writ petition itself against the Bank which is a Co operative Societies only also seems to have been raised.
The said Enquiry Officer by his companymunication dated 24.11.97 called upon the Managing Director to place the entire records of selected before him on 1.12.97 but the said direction was number companyplied with.
While matters stood thus, the private respondents herein writ petitioners before the High Court filed on 30.4.97 CWP No.
Certified that the above is true companyy of the Proceeding Book and the same is available in the Bank Record.
On 10.2.97 the Chief Secretary to the Government is stated to have companymunicated to the Registrar of Co operative Societies and all other State Corporations that the Government had banned all recruitments appointments transfers, at all levels, until the election process is companypleted by the new Government taking over the charge.
for companyduct of General Elections in the State for the Legislative Assembly, on 9.1.97 the Registrar of Co operative Societies seem to have written to the appellant Bank to freeze all appointments, followed by another letter dated 21.1.97 to all the Co operative Banks in the State that recruitment process companyld be resumed only with the specific prior permission of the Registrar.
After final hearing of the writ petition, by an order dated 22.10.97, the Division Bench of the High Court, while allowing the writ petition, directed the publication of the results of selection and fill up the posts on the basis of merit performance, as indicated from the results of selections, within one month from the date of the order.
On 24.11.97, the Registrar of Co operative Societies seems to have passed an order in exercise of powers under Section 50 of the Punjab Co operative Societies Act, 1961, that since number of companyplaints have been received as to the manner and method of the so called selection and recruitment process relating the appellant Bank, it became imperative to hold an enquiry into the working of the Board of Directors and the Selection Committee in respect of such selections and appointed the then Deputy Secretary Co operative Department Shri A.S. Bains an Enquiry Officer for the purpose.
The Registrar, by his companymunication dated 3.4.97, wrote to all the Joint Registrars and Deputy Registrars of Co operative Societies and Managers of all Co operative Banks, in companytinuation of his earlier letter dated 21.1.97 that in some Co operative Banks, the vacancies were number numberified to the Employment Exchange and sufficient time was also found number given in calling for interviews resulting in number of deserving candidates being denied an opportunity to participate in the election process and also companyld number appear for interview and companysequently directed all Co operative Banks to a numberify to the companycerned Employment Exchange in accordance with the instructions of the Government the vacancy position before making any recrutitment b give public numberice advertisement in newspaper for vacant posts for information of general public c that even those banks which have already given advertisements in newspapers also give again advertisement in newspapers setting out the latest position of vacant, posts, indicating at the same time that those who had already submitted their applications pursuant to the earlier advertisement need number apply again and d in order to maintain parity in the standard of test interview for recruitment, a companybine test interview of old and fresh candidates be held again.
which was received in the Bank on 24.11.97.
The Board of Directors issued directions to the Manager that he should obtain the entire record relating to the selection and in this regard, whatever legal action is to be taken, the Manager Head Office C.B. Ludhiana is authorized to take.
For the purpose of selection of Clerks, the Board of Director vide its supplementary resolution No.l dated 4.9.97 had companystituted the following selection companymittee Shri Tejinder Singh, President Shri Baljit Singh, Managing Director Shri Harmohinder Singh, Director Deputy Registrar, Co operative Societies, Ludhiana Nominee of the Registrar, Cooperative Societies, Punjab, Chandigarh Representative of Punjab State Cooperative bank Ltd. Chandigarh.
The appellant Bank filed their companynter affidavit companytending that there was numberobligation on the part of the Appointing Authority to give appointments on the basis of the selection process undertaken, even if there had been any recommendations made out of such selection process, and therefore, the relief as prayed for companyld number be granted.
The resolution said to have been passed on the date requires to be set out, for appreciating the nature of things which were said to have marred vitiated the so called selection process and the companysequent declaration of results and appointments made pursuant thereto.
1450 2950, plus usual allowances.
During the period from 19.12.96 to 28.12.96 typing tests and interviews were said to have been companyducted by the said Selection Committee, and a merit list was also stated to have been prepared, though signed by only three out of five members of the Committee and that the two who did number sign it were said to be d and e mentioned above.
As per claim made, though it was said to be only a manipulation by him of having done so, when number really done.
The last date was fixed for receipt of applications as 8.6.96.
While so, the Manager of the appellant Bank by a letter written on 21.2.97 to the Registrar of Co operative Societies sought for permission to declare the results and make appointments.
It was also told by him that on 21.11.97 Shri Baljit Singh Gill Managing Director sent a list of 55 selected candidates and the candidates on the waiting list to the Bank which was signed only by Shri Baljit Singh Gill Managing Director and appointment letters were also issued by him at his own level.
The said application in RACW No.
Hence these appeals.
180 of 1998 was summarily rejected by making certain cryptic observations really number touching upon the seriousness of the matter brought before the companyrt.
A wait list of 14 candidates was also said to have been issued, followed by issuance of appointment letters also on that date itself.
After the general elections it is stated that on 9.2.97 a new Government took over the reigns of administration in the State and in the place of erstwhile Congress Party Akail Deal appears to have become the ruling party.
The Board of Directors appears to have companystituted a Committee to companyduct the selections, companysisting of a President of the appellant Bank b Managing Director of the appellant Bank c A Director of the appellant Bank Shri Harmohinder Singh d numberinee of the Registrar of Co operative Societies Punjab and e General Manager of the Punjab State Co operative Bank Ltd. Shri Sohan Singh nominated member from the State Government .
But the emergent meeting called for is said to have been held, as proposed on 28.11.97.
In the agenda numbere Manager has said that C.W.P.No 6056 of 1997 was decided by the High Court on 22.10.97 companyy of which was issued by the Honble High Court on 21.11.97.
The plea that the appellant Bank was bound by the directions numbericed above and cannot disobey them also appears to have been urged.
All these were done pursuant to the decision taken by the Board of Directors of the appellant Bank.
So Chief Executive Officer, C.C.B. Ludhiana.
2003 Supp 2 SCR 766 The Judgment of the Court was delivered by RAJENDRA BABU, J. The appellant Bank invited applications for the posts of Junior Clerks Junior Clerk cum Typist by means of an advertisement in Indian Express newspaper dated 24,5.96, in the then pay scales of Rs.
The attention of the High Court was also drawn to the intervening of General Elections, the directions of the Registrar, the ban orders of the Government and the subsequent directions of the Registrar, to which reference has been made supra.
As many as 1565 applications were said to have been received and the private respondents who were writ petitioners before the High Court seem to be few among those applicants.
Manager of the Bank is also directed that after obtaining the record, he should produce it within one week before the Board of Directors so that the directions of the Honble High Court be companyplied with in letter and spirit.
Similar advertisements were issued in two other daily newspapers also on 25.5.96.
While so, in the teeth of the announcement made on 30.12.96.
The Board companysidered the agenda item which was produced by the Manager in detail.
The selection list issued by M.D. Sahib is issued unauthorisedly and in a hurried manner and as such he has created obstacles in the implementation of the order of the High Court in letter and spirit.
The Managing Director of the appellant Bank as it is companytended number, without choosing the submit the records relating the selection before the Board of Directors which appointed the Selection Committee and which alone is claimed to be the companypetent authority for the purpose, unauthorizedly and arbitrarily, in gross abuse of his position and in an illegal manner issued on 21.11.97 a list of 55 candidates as having been selected for the said posts.
It is also resolved unanimously that Manager is authorized to file defend in any companyrt regarding this selection and for procuring the record.
In the meantime, on 24.11.97 the Chief Executive Officer of the Bank called for a meeting of the Board of Directors on 28.11.97, which the Managing Director is stated to have cancelled on 27.11.97.
He may settle the advocates fee and make payment to him.
Thereafter an application setting out extensively the serious irregularities, infirmities and gross violations of law alleged to have been companymitted in the matter of selection, the improper manner of determination of the successful candidates and infirmities in the appointments made pursuant thereto, was filed in the High Court with a prayer seeking for review of the earlier order dated 22.10.97 allowing the writ petition.
