CHANDRESHWAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition was filed for quashing the order of suspension, dated 3-1-1998, pending departmental proceedings. During pendency of the case, the proceedings came to an end and the petitioner was dismissed from service on 23-5-2000. By filing amendment petition, he has challenged the said order. The facts of the case, shortly stated, are as follows.

(2.) THE dispute in hand is the outcome of appointment of 38 Warders in Bhagalpur Central Jail. In 1984, the then Superintendent of the Bhagalpur Central Jail, Sri P.K. Ganguly, appointed 39 persons as Warders. As all of them failed to clear the tests held in June 1986, they were discharged from service on 26-6-1986. This was done pursuant to the Government directive contained in wireless message No. 617 dated 23-6-1986 of the Home Secretary. It is said that the order of discharge was passed on misreading of the aforesaid message, and a clarification to this effect was made by the Special Secretary, Home (Jail) Department vide his letter No. 8099 dated 1-8-1986. By the said letter, the persons concerned were directed to be re-appointed on the same terms. THEy were accordingly re-appointed but without any test. On 8-6-1988 the Inspector, General (IG) (Prisons) directed the Superintendent Central Jail, Bhagalpur to regularise the services of the working Warders. Nothing however was done in the matter of regularisation of services. THE petitioner joined as Superintendent in the meantime in June 1992. On 16-8-1992, he sought guidance from the IG (Prisons). According to him, no response came to the said letter. In the meantime in September 1992, one of the Warders died in harness which led to agitation for appointment of one of his dependents. THE Bihar Jail Mens' Association also made demand to regularise the service of the working Warders. In the circumstances, on 16-1-1994 the petitioner regularised the services of 38 Warders. THE successor-in-office of the petitioner, Sri B.P. Singh, however advertised the posts on 9-10-1994.' Some of the Warders filed writ petition before this Court, being CWJC No. 10910/94. On 3-7-1996, this Court quashed the advertisement. THE Court however directed the IG (Prisons) to take a decision in the matter of appointment of 38 Warders made by order dated 16-1-1994 (Supra) which had been brought to his notice on 26-2-1996. It may be mentioned that in the counter-affidavit filed in that case the respondents had taken a stand that regularisation of 38 Warders, by order dated 16-1-1996, was not within their knowledge until 26-2-1996. According to the petitioner, the trouble arose from this stage. On 14-9-1996, he was asked to explain the irregularities committed in regularising the services of the Warders. On 3-1-1998, he was placed under suspension and departmental proceeding was initiated. In course of time, the Inquiry Officer submitted his report. After serving second show-cause notice to which the petitioner responded, the impugned order of dismissal was passed.

(3.) THE important aspect of the case is that the petitioner was transferred from Bhagalpur Central Jail in December 1993 while the impugned regularisation was made thereafter, on 16-1-1994. A plea has been taken as to compassionate and humanitarian nature of regularisation on the ground that they had been working for long time and one of them had died meanwhile and also that the Jail Mens' Association had been demanding their regularisation. But, the fact remains that though the petitioner joined Bhagalpur Central Jail in June 1992, for one and half years he did nothing of the kind except that he allegedly wrote a letter to the IG (Prisons) on 16-8-1992 i.e., soon after joining, seeking his guidance. THE above grounds which have been urged to justify the regularisation were available to the petitioner all these months but he passed he order after the was transferred from Jail.