BINAY JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 24.08.2001 issued by the Under Secretary, Water Resources Department terminating the services of the petitioner in a departmental proceeding.

(2.) The enquiry was conducted by the Superintending Engineer, Water Resources Department for an occurrence which took place at Bettiah. A criminal case was also instituted at Bettiah in which the petitioner was eventually acquitted. The headquarter of the petitioner was fixed at Jamshedpur, whereas the present proceeding was conducted at Patna. Another blaring feature about this case, which needs to be mentioned, is that the petitioner was put under suspension on 04.12.1996 and remained under suspension till the order of terminating his service was issued on 24.08.2001.

(3.) Counsel for the petitioner has raised three grounds in the writ application. The contention of the petitioner is that the order has been issued by the State Government i.e. the Under Secretary of the Water Resources Department, thereby denying the petitioner the right to appeal. The right to appeal is a substantive right and the order impugned issued by the State Government has denied this right to the petitioner and as such this in itself is a good ground to set aside the order dated 24.08.2001.