CLERK AT SPECIAL LAND ACQUISITION OFFICE, KOSHI PROJECT AT SAHARSA Vs. STATE OF BIHAR THROUGH COMMISSIONER-CUM-SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, SINCHAI

JUDGEMENT

(1.) This writ application is yet another in the series of litigations before this Court with regard to appointment and termination of a Class-IV employee after twenty three long years of service. The appointment was made by officers holding high ranks, vested with powers of appointment. The appointment is now questioned on grounds of illegal exercise of powers by such superior officers.

(2.) The petitioner was appointed by the Rehabilitation Officer in the Land Acquisition Department (under the Department of Water Resources) at Supaul as a peon on ad hoc basis for three months on 9.12.1980, simultaneously seeking approval of the Director, Land Acquisition for such appointment. On 20.10.1981, the Director extended the appointment from 9.3.1981 to 31.12.1981. On 25.9.1982 petitioner's service book was opened. On 16.1.1982 the Director, Land Acquisition extended the appointment till 31.3.1982. On 5.2.1982, the Rehabilitation Officer wrote to the Director, Land Acquisition that the petitioner was qualified to hold the post of Junior Accounts Clerk and sought approval for such temporary appointment from 1.2.1982 to 3.5.1982. The Director approved this appointment for the same period on 6.8.1982. This was followed by further extensions on 19.5.1982 to 11.10.1982 and ultimately it was extended till further orders by the Director on 19.4.1983. On 20.12.1988, the District Establishment Committee promoted the petitioner to Senior Accounts Clerk.

(3.) On 17.1.2003, the petitioner was issued a show cause notice questioning the legality of his very initial appointment on 9.12.1980 as a peon and subsequently as a Junior Accounts Clerk. He replied. A second show cause notice followed on 12.7.2003, duly replied on 30.7.2003. The order of termination followed on 24.9.2003.