SHANKAR PRASAD Vs. KATIHAR MUNICIPALITY

JUDGEMENT

(1.) IN all these writ applications, common questions of fact and law arise and as such, they are being disposed of by this common judgment.

(2.) PRAYER of the petitioners in these writ applications are to quash the order dated 31.5.2001 passed by the Special Officer, Katihar Municipality whereby the services of 64 daily wages employees including the petitioners have been terminated.

(3.) SOME of the employees of the Municipality, aggrieved by the order dated 13.11.2000 and 24.1.2001 referred to above, filed C.W.J.C. No. 4295 of 2001 (Anandmohan Roy and ors. V/s.The State of Bihar & ors.) before this court. This court by order dated 4.4.2001 observed that for cancelling the appointment already made, the authorities are required to act in accordance with law and principle of natural justice and give opportunity to the concerned employees to show cause before termination of services. This court found that no order of termination having been passed by the Municipality, disposed of the writ application with a direction to the Municipality to afford opportunity of hearing before taking a final decision. In the light of the observation of this court, petitioners were given show cause notices and on consideration of the same, by impugned order dated 31.5.2001, services of all 64 employees have been terminated. While passing the said order, it has been observed that the appointments have been made without following the procedure provided in the rule made under Section 42 of the Bihar and Orissa Municipal Act, 1922.