The other learned Judge, however, took the view that the Secretary, who is the delinquent having companytravened provisions of the rules and regulations and having disobeyed orders of the Managing Director, who is the authority on whom the management of the society vests, the delinquency would tantamount to misconduct.
One of the Judges was persuaded to take the view that the alleged delinquency and negligence on the part of the delinquents would number amount to misconduct since those acts and omissions were on account of the direction from the Board of Directors.
Assailing the order of dismissal from service, writ petitions were filed in Patna High Court, which were heard by a Division Bench.
In the enquiry the charges stood established and ultimately the, appropriate authority passed the order of dismissal from service.
Thus, while one learned Judge allowed the writ application, the other learned Judge dismissed the same.
Both these appellants had served as Secretary in the same companyoperative society called the Bihar State Co operative Bank Limited.
In view of difference of opinion between the two learned Judges, the cases were referred to the 3rd Judge.
For certain dereliction on their part, a regular disciplinary proceedings had been initiated and a set of charges had been leveled.
These two appeals raise a companymon question and were therefore heard together and are disposed of by this companymon judgment.
It is against this decision of the High Court, the present appeals have been preferred.
