DILIP KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who was initially appointed on 11th January, 1988 as clerk in the Bihar Rajya Ayurvedic & Unani Chikitsa Parishad, Patna against the leave vacancy, was given regular appointment on 12th May, 1988 and confirmed as Typist -cum -Clerk. Subsequently, his service was terminated on 15th June, 1990 on the ground that procedure for appointment -was not followed and the petitioner was overage at the time of appointment. Said order was challenged by petitioner in C.W.J.C.No.12772/93, which was disposed of on 6th February, 1988. The order of termination was quashed on the ground of violation of rules of natural justice, the petitioner having not given any opportunity and the case was remitted to the authority to pass order on hearing the petitioner. So far as arrears of salary is concerned, it was observed that the decision can be taken after the order which may be passed by the authorities.

(2.) IT was only thereafter, the petitioner was charge sheeted on 24th April. 98 and proceeded departmentally, whereinafter on the basis of enquiry report, he has again been removed from service, vide order dated 22nd August, 1998.

(3.) AT paragraph No.22 of the writ petition, it has been specifically pleaded that no evidence was led before the Enquiry Officer when the petitioner appeared nor any witness was examined. Without giving such opportunity the Enquiry Officer submitted report, on the basis of which the order of removal was issued.