LAWS(PAT)-2002-8-105

BACHUTHAKUR Vs. STATE OF BIHAR

Decided On August 13, 2002
Bachuthakur Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 14.11.2000 (Annexure -1) whereby one Raj Kumar Bhagat has been directed to take charge of the vehicle bearing registration no. BRF 415 from the petitioner.

(2.) IT is the stand of the petitioner that he was engaged on daily wages as driver of jeep bearing registration no. BRF 415 in the year 1993 but by the impugned order the charge of the said vehicle has been directed to be taken over by Raj Kumar Bhagat and the same has resulted into termination of his service.

(3.) LEARNED counsel for the petitioner submits that before terminating the service of the petitioner, respondents were under an obligation to give a show cause notice. I do not find any substance in the submission of the learned counsel. Petitioner, on his own showing, was engaged on daily wages and before disengaging him from service, he is not required to be given a show cause notice. Service of the petitioner has not been terminated on account of any misconduct but non -availability of work.