INDRA MANDAL PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Annexure-3 is the order of the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur dated 30.3.1994. By this order, Petitioner was appointed on the post of Clerk in the office of Sub-Divisional Education Officer, Bagaha in West Champaran. The order shows that Petitioner was being appointed on the basis of the decision of the Divisional Establishment Committee. However, it appears that 'after little more than three years, by order dated 8.11.1997, Petitioner was terminated from service.

(2.) Petitioner moved this Court against the said order through C.W.J.C. No. 7608 of 1999. The said writ application was taken up on 13.9.1999 and was disposed of, vide Annexure-9, quashing the order of termination on the ground that the same was in violation of Principles of Natural Justice. However, liberty was granted to the Respondents to proceed in accordance with law after providing an opportunity of hearing to the parties. Accordingly, by order of the Director, Secondary Education dated 7.1.2000, vide Annexure-10, services of the Petitioner were restored as before and orders for payment of salary to him was issued. Later on, Respondents again terminated the services of Petitioner after affording opportunity of hearing to him by order, dated 15.7.2000, vide Annexure-12.

(3.) The said order was again challenged by the Petitioner before this Court through C.W.J.C. No. 7376 of 2000. The said writ application, alongwith writ applications of other similarly situated persons; was heard and judgment was passed on 9.8.2001, as contained in Annexure-13. Cases of the parties were considered and thereafter findings of the Court in respect of the Petitioner and Ors. with regard to nature of their appointment were as follows: