MADAN MOHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this petition under Art. 32 of the Constitution, the petitioner, Madan Mohan Prasad, challenges the order of the Government of Bihar, dated January 15, 1972, terminating his services. He urges that this order violates Art. 311 (2) of the Constitution and also violates his fundamental right under Arts. 19 (1) (f) and 31 (1) of the Constitution because the order, in effect, amounts to forfeiture of the pension earned by him.

(2.) The relevant facts are these. In response to an advertisement in the Bihar Gazette, dated April 28, 1954, the petitioner applied for one of the posts of Munsifs. The relevant portion of the advertisement runs as follows:

(3.) By notification dated January 5, 1955, the petitioner along with others, was appointed as a temporary Munsif. In para 2 of the notification it was stated as follows: