SUBHASH CHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Respondent-State of Bihar. The petitioner in the present writ application is aggrieved by Memo No. 4214 dated 9.11.2012 issued by the District Education Officer, Bhagalpur whereby the service of the petitioner has been terminated on the ground that his initial appointment made in the year 1985 was in violation of a Circular issued by the Personnel and Administrative Department bearing letter No. 16441 dated 3.12.1980. The petitioner was working on the post of Peon in S.R. High School, Nath Nagar, Bhagalpur.

(2.) Facts for the purpose of adjudication of the present writ application, are very short and are not much in dispute. The petitioner was appointed as Peon for a period of three months initially by the Headmaster of High School, Phuli Dumar where he had submitted his joining on 21.11.1985. Thereafter, by Memo No. 10 dated 28.2.1986, his appointment was extended till further orders. By Memo No. 3437-38 dated 1.5.1987, the petitioner was transferred by the District Education Officer, Bhagalpur to S.R. High School, Nath Nagar from High School, Phuli Duman where he joined on 6.5.1987 and, thereafter, continued till passing of the impugned order dated 9.11.2012 in that school.

(3.) On 3.4.2012, when the petitioner had already served for nearly 25 years in S.R. High School, Nath Nagar, the District Education Officer issued a show-cause notice to the petitioner to the effect that his appointment was made in violation of the letter No. 16441 dated 3.12.1980 and accordingly sought an explanation from him. He submitted his explanation on 25.4.2012. Again a notice was issued vide Memo No. 2658 dated 2.5.2012 to which the petitioner again replied on 22.5.2012 asserting that he was validly appointed.