LAWS(PAT)-2010-4-658

CHANDRA SHEKHAR PRASAD S/O SHRI RAJ NANDAN PRASAD Vs. STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF PRIMARY, SECONDARY AND ADULT EDUCATION, GOVT.OF BIHAR, NEW

Decided On April 22, 2010
Chandra Shekhar Prasad S/O Shri Raj Nandan Prasad Appellant
V/S
State Of Bihar Through The Secretary Department Of Primary, Secondary And Adult Education, Govt.Of Bihar, New Respondents

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Counsel for the State.

(2.) This appears to be the third round of litigation by the petitioner. It appears that the petitioner along with others had moved this Court earlier against order of his termination and the matter was remitted back to the Director, Secondary Education to hear the petitioners and pass fresh orders. The fresh orders were passed by the Director on 21.9.1995 cancelling the appointment of the petitioner, as contained in Annexure-1, which is under challenge in this case.

(3.) The order shows that the case of 11 incumbents including the petitioner were considered and the Director found that the appointment of the petitioner was not made pursuant to any advertisement; names were not called for from the Employment Exchange; there was no roster clearance; rules of reservation were not followed and the actual appointment letter was not received in the office. Considering these defects in the case of said 11 incumbents their appointments were cancelled.