SURJIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition on behalf of the sole petitioner has been filed for quashing the order of Regional Deputy Director of Education (RDDE), Tirhut Division, Muzaffarpur, contained in his Memo No. 819 dated, 26 -11 -99 terminating the services of the petitioner and directing recovery of the amount paid to him.

(2.) THE case of the petitioner is that on 16 -9 -92, the RDDE, Muzaffarpur requested the local Employment Exchange to recommend the names for appointment on the post of Clerk in Mofussil Offices of the Education Department in Tirhut Division. On 30 -12 -92, an advertisement was also published. The petitioner who possessed the requisite qualification and was registered with the Employment Exchange applied for the post. On 25 -3 -93, the candidates were called for interview with requisite papers on 15 -4 -93. The petitioner appeared for interview. After interview, etc. on the recommendation of the Divisional Establishment Committee on 14 -9 -93, he was appointed on the post of Clerk and posted in the office of the Sub -Divisional Education Officer, Bagha, West Champaran. On 19 -9 -93, he submitted his joining in the said office which was accepted. On 4 -6 -96, he was transferred to Primary Teachers Training College, Dariapur, East Champaran. The said order, however, was modified on 21 -11 -96 and he was posted in the office of the Sub -Divisional Education Officer, Sitamarhi, where the petitioner joined and started working. All on a sudden, the payment of salary was stopped to the petitioner. However, after verification, etc. order was passed on 25 -9 -97 for payment of salary. The petitioner thereafter continued his services without any trouble and was also paid his salary. In the meantime on 19 -4 -98, he was a lowed to appear at the Hindi Noting and Drafting Examination, which he passed on 3 -11 -98. Suddenly on 12 -12 -98, he was served with a show -cause notice against the proposed termination of his services alleging that his appointment was illegally irregular. Against the said notice the petitioner filed writ petition CWJC No. 2781/99 which, it is said, is pending in this Court. On 16 -8 -99 he was served with another show -cause notice by the RDDE stating that the show cause filed by the petitioner was not satisfactory. The petitioner informed the RDDE that he had already filed writ petition challenging the earlier notice. On 26 -11 -99 impugned order was passed terminating his services and directing recovery of the amount paid to him.

(3.) THE case of the petitioner is that the State Government has framed statutory rules for appointment, etc. of the ministerial staff in the offices of the Education Department in the Divisions and the attached offices under Article 309 of the Constitution of India vide Notification No. 3435 dated 13 -8 -74. There being statutory rules in existence appointment on Class III posts were required to be made by the authority and in accordance with the procedure prescribed therein. Neither Circular No. 16440 dated 3 -12 -80 nor Circular No. 2603 dated 31 -3 -92 can be said to be relevant. Being administrative Circulars, they could not supersede statutory rules. As regards the circular dated 31 -3 -92, it has further been stated that by order contained in the wireless message dated 5 -9 -92, its implementation was kept in abeyance till further communication. Thus, there was no question of the petitioner's appointment being made as per that circular.