BIHAR STATE ELECTRICITY BOARD Vs. SANJAY KUMAR SINGH

JUDGEMENT

(1.) THIS is an appeal on behalf of the Bihar State Electricity Board against the judgment of a learned Judge. The judgment is dated 15 July, 1999 in C.W.J.C. No. 8884 of 1993 : Sanjay Kumar Singh V/s. Bihar State Electricity Board and others.

(2.) ADMITTEDLY Sanjay Kumar Singh had been given an employment as a Class IV employee, subsequently taken in as a Khalasi and the appointment was terminated by the Bihar State Electricity Board by an office order dated 14 July, 1993, annexure 1 to the writ petition, thus, the writ petition to challenge the order of termination.

(3.) THUS , the Court having given its considered attention to the judgment on the writ petition, is of the opinion that the judgment of the learned Judge impugned by the present Letters Patent Appeal cannot be upheld. Apparently, the judgment has noticed an aspect that notwithstanding service regulations, assuming that it was irregular or illegal, but the fact that the petitioner had passed the test of recruitment permitted him to hold the job. This aspect, cannot be sustained, if public employment had been obtained through a back door then no ground of qualification subsequently will entitle a person to hold the job. The manner in which this appointment was given or procured was not only irregular but illegal. Public employment cannot be given to minors.