RAGHUVIR SINGH BIST Vs. JOINT DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Challenge in the instant petition, is an order dated 09.12.2005, passed by the respondent no.2, whereby the appointment of the petitioner at a Class IV post has been cancelled.

(2.) Facts shorn of unnecessary details briefly stated are that the petitioner was initially appointed for 89 days on 24/31 7-1998 on the post of Peon as a stop gap arrangement. After expiry of this period, his service was dispensed with. Subsequently, again he was appointed on the same post on 25.01.1999; in the subsequent appointment, it was stipulated that though the appointment would be temporary in nature, the petitioner shall continue till regularly selected candidate joins. It is the case of the petitioner that his appointment was subsequently cancelled on 01.11.1999, which was challenged by the petitioner in Writ Petition No.12624 of 2000 (for short, "the first petition") before the Allahabad High Court, in which, on 16.03.2000, an interim order was granted. The petitioner continued at the strength of interim order passed in the first petition. The first petition was subsequently transferred to this Court and decided on 30.08.2005. The Court observed that opportunity of hearing was not afforded to the petitioner, before cancellation of his appointment and accordingly the order cancelling his appointment dated 01.11.1999 was quashed. It so happened that thereafter, two notices dated 17.11.2005 and 05.12.2005 were given to the petitioner to reveal the procedure which was adopted in case of his appointment. The petitioner was heard and while observing that neither any advertisement was published nor any interview was called while appointing the petitioner, the appointment of the petitioner was cancelled on 09.12.2005. It is this order, which is impugned in this writ petition.

(3.) On behalf of the State, counter affidavit has been filed. It is stated that appointment of the petitioner was illegal and it was so made by the then the District Inspector of Schools (the DIOS) Mr. Ramesh Chandra Premi. He was proceeded departmentally and a fine of '32,66,397/- was imposed upon the DIOS; he remained suspended also.