SHAHOODUL HAQUE Vs. REGISTRAR CO OPERATIVE SOCIETIES BIHAR

JUDGEMENT

(1.) The appellant had challenged an order or his removal from service dated 11-3-1966 by means of a Writ Petition dismissed by a Bench of Patna High Court on 29-9-1967. He asserted that, although he had been appointed temporarily as a routine Clerk in the office of the Co-operative Societies, Bihar, he had been confirmed by an order dated 6-4-1956 in that post. That order, however merely says that he was allowed to continue in the post held by him until further orders. We do not think that it could amount to his confirmation in service. On 21-11-1961, he was 'appointed on the post of Local Auditor of Co-operative Societies from the date of his joining on starting pay in the scale of Rs. 75-2-85-EB-xxx" together with the usual cost of living allowance and fixed D. A. of Rs. 40/- p.m. sanctioned by the Government from time to time. Learned Counsel for the appellant now relies on this order as sufficient for showing that the applicant was appointed permanently as Local Auditor although the order is some-what dubious.

(2.) Other facts, relating to the service of the appellant are not material until we come to 15-11-1963 when the applicant applied for leave to go on pilgrimage to Mecca. It appears that the applicant had left without grant of any leave, but had applied on 27-4-1964 from Mecca, for an extension of leave which was, in fact, never granted. He came back nearly a year afterwards. He alleges that he resumed duty on 8-10-1964 and was then compelled to take leave. He says that he fell ill on 7-11-1964 and could not attend to work until he got the order of his removal retrospectively from 4-1-1964. He asserted that he had been dismissed contrary to the Constitutional guarantee conferred upon him by Art. 311 of the constitution inasmuch as he had been dismissed "without giving him any opportunity to show cause, without any proceeding and without any enquiry."

(3.) It is true that the order of removal says that: