STATE OF BIHAR Vs. UPENDRA NARAYAN SINGH

JUDGEMENT

(1.) LEAVE granted

(2.) AFTER taking cognizance of the fact that large number of ad hoc appointments were being made in different departments without complying with the relevant rules and procedure, the Government of Bihar vide its Circular No.7260 dated 27.4.1979 which was followed by another Circular No.3001 dated 16.3.1982 imposed ban on such appointments. Notwithstanding this, ad hoc appointments continued to be made in violation of the rules and relevant instructions. This compelled the State Government to pass order dated 10.3.1985 for cancellation of ad hoc appointments and for filling the vacancies in accordance with the rules. AFTER one year, the issue relating to large scale illegalities committed in the making of ad hoc appointments was raised in the Bihar Legislative Assembly and members expressed concern over such appointments. In the backdrop of this development, Chief Secretary, Government of Bihar vide his letter dated 11.6.1986 made it clear to all the Secretaries to the Government, Heads of Departments, Divisional Commissioners and District Magistrates that they will be personally responsible for the compliance of the rules and instructions in the making of ad hoc appointments. It, however, appears that the ban imposed by the State Government was relaxed qua Animal Husbandry Department and vide letter dated 4.7.1987, Under Secretary to the Government informed the Director, Animal Husbandry that for implementation of the schemes being operated by the department, appointments may be made on Class IV posts by committees comprising of Regional Director, Animal Husbandry as Chairman, Regional Joint Director, Animal Husbandry/Assistant Director, Animal Husbandry as Secretary and one officer belonging to Scheduled Castes/Scheduled Tribes.

(3.) ON receipt of communication from the Secretary, Director, Animal Husbandry got conducted an inquiry into the appointments made by the then Regional Director, Animal Husbandry, Gaya. In that inquiry, it was found that about 5 dozen appointments were made without sanctioned posts and without following the procedure prescribed vide circular dated 4.7.1987. Thereafter, notices dated 3.5.2001 were issued to the respondents requiring them to show cause against the proposed termination of their services. In their replies, the respondents claimed that the Regional Director had appointed them after due selection and that the enquiry got conducted by the Director, Animal Husbandry cannot be made basis for terminating their services after a gap of almost 10 years. After considering their replies, the competent authority passed orders dated 23.5.2001 terminating the services of the respondents, who challenged the same by filing a petition under Article 226 of the Constitution of India, which was registered as CWJC No. 7816 of 2001. The respondents pleaded that the action taken against them was vitiated due to violation of the rules of natural justice and arbitrary exercise of power because the concerned authority did not give them the effective opportunity of hearing and the instruction contained in memorandum dated 16.4.1996 could not have been applied to their case because they had been appointed prior to cut off date specified therein i.e. 28.10.1991. The appellant herein contested the writ petition by asserting that the services of the writ petitioners were terminated because their initial appointments were illegal.