SACHIDA NAND SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Vide order dated 30.5.2001 issued by the Regional Deputy Director of Education, Tirhut Division at Muzaffarpur Petitioner was removed from the post of clerk who was working in the office of Sub-Divisional Education Officer, Bagaha in the district of West Champaran. He has also directed recovery of salary paid to the Petitioner because his appointment was found to be illegal, if not fraudulent as would be evident from Annexure-1 to the writ application which is the impugned order.

(2.) The history behind the present litigation as per the narration given in the writ application is that an advertisement was issued in the newspaper on 31.12.1992 by the Regional Deputy Director of Education (R.D.D.E.) inviting applications for appointment on the post of clerk. As per the advertisement the applications of only such persons was to be considered who were registered with the Employment Exchange. Petitioner was an applicant in response to the said advertisement which has been annexed as Annexure-2 to the writ application.

(3.) As per a notice issued on the Notice Board of the office of the R.D.D.E. all the applicants who fulfilled the criteria of the advertisement were asked to appear for interview on 15.4.1993. Petitioner was selected and appointed as a clerk in Government Teachers Training College, Dariyapur in the district of West Champaran. Appointment letter dated 26.6.1995 has been annexed as Annexure-4.