MANOHAR PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner while posted as Technical Junior Engineer under Sonbarsha Division, Saharsa in the office of Engineer-inChief of the Road Construction Department, Government of Bihar, has been terminated from service after considering his reply to show cause. The power has been exercised under Rule 20 of the Bihar CCA Rules 2005.

(2.) Rule 20 of the Bihar CCA Rules 2005 reads as follows:-

(3.) Heard Mr. Kanth, learned Senior Counsel for the petitioner. Relying upon a decision of this Court in the case of Shyam Kishore Sinha vs The State Of Bihar & Ors, 2012 2 PLJR.673 as affirmed by Division in the order and judgment dated 13.9.2012 passed in LPA No. 441 of 2012 reported in 2012 (4) PLJR 887, he submits that the order dated 2.6.2014 in purported exercise of powers under Rule 20 of the Bihar CCA Rules 2005 is without jurisdiction. It is submitted by learned Senior Counsel that the petitioner was working as a daily wager under the National Rural Employment Project in between the period 1982 to 1983. The conviction of the petitioner under judgment dated 30.3.2013 passed by Court of Special Judge, Vigilance II, Patna in Special Case No. 25 of 1992 is in relation to charges pertaining to allegation/occurrence in between 1982 to 1983, during which period the petitioner was a daily wager.