DHANANJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and the State. The Petitioner is stated to be a contractual appointee as a Storekeeper under a welfare scheme of the State Government for dissemination of education amongst the weaker sections titled "Sarwa Shiksha Abhiyun ". The books alleged to be in his custody in his capacity as a Storekeeper were allegedly found thrown in a ditch. A show-cause notice is stated to have been given to him on the January 12 when orders dispensing with his contractual service before expiry of the tenure have been passed on January 14, 009.

(2.) Counsel for the Petitioner urged that the show cause notice did not specify any time for filing of the reply and in any event the Petitioner was effectively given only one day to file his reply i.e., January 13, 2009, which is unfair and unreasonable on the face of it. Had he been given reasonable time, he would have relied upon the order of the District Magistrate dated September 14, 2009 in his defence.

(3.) Learned Counsel for the State relies upon a Division Bench decision in, to urge that like Anganwari Sewika.the Petitioner was only an agent of the State Government for dissemination of certain welfare schemes of the Government for the Weaker Sections. He does not acquire the status of a Government servant and cannot claim protection and parity before removal like them.