ARVIND KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) <DJG>S.J.MUKHOPADHAYA,J.</DJG> The petitioner initially challenged the order dated 15th April 98, whereby and whereunder, he was prohibited to work on the ground that his service had been terminated in March 1984 and he was asked to show -cause as to why an F.I.R. should not be lodged against him.

(2.) The petitioner submitted show -cause reply on 30th April 98 and brought to the notice of the authorities that the order of termination issued on 15th March, 1984 was recalled and he was reinstated by subsequent order issued by Director, Secondary Education dated 6th February, 1985. After such reply, the respondents issued impugned order No. 3060 -65 dated 17th June, 1998 terminating the services of petitioner on the ground that he has misappropriated Government money; his appointment was illegal and forged, as was found to be proved. The subsequent order dated 17th June, 1998 is also under challenge.

(3.) The brief fact of the case shows that the petitioner was appointed as clerk along with two others by Regional Deputy Director, Bhagalpur Division, Bhagalpur in November, 1982 (date shown as 5th November, 82 in the first order of termination). Subsequently, his services were terminated by Regional Deputy Director on 15th March, 1984 in pursuance of some order issued by the Director, Secondary Education. The petitioner challenged the order of termination in C.W.J.C. No. 1780/84 which was dismissed in limine, without speaking order on 5th April, 19.84. Against such decision, the petitioner preferred L.P.A. No. 56 of 1984, which was admitted. During the pendency of the said L.P.A., the petitioner was reinstated by Director, Secondary Education, vide Memo No. 1753 -63 dated 6th February, 1985. The same was brought to the notice of this Court by petitioner by filing an application under Section 151, C.P.O. and prayer was made to withdraw the case, it having become infructuous. This Court taking into consideration the aforesaid fact, dismissed L.P.A. No. 56 of 1984 as withdrawn.