GOVIND KR SINGH Vs. STATE

JUDGEMENT

(1.) HEARD .

(2.) PETITIONER has assailed the office order bearing memo No. 49 dated 25.2.1997, annexure -1, whereunder he alongwith other three has been terminated from the post of assistant. Perusal of the said order indicates that the same has been passed after considering the show cause reply of the petitioner.

(3.) ON the other hand, learned State counsel has submitted that it is true that the petitioner of the present case has also been terminated from service under office order dated 25.2.1997 which has already been set aside in the aforesaid writ case but in the case of the present petitioner facts are little different as present petitioner was appointed through back door method and continued in service for only about six years and was terminated under the impugned order, as such, the impugned order may be set aside but with liberty to the State -respondents to issue notice to the petitioner indicating the illegalities committed in his appointment and to pass fresh orders on the basis of the show cause filed by the petitioner. In reply learned counsel for the petitioner has submitted that as liberty was not granted by this court under orders dated 2.8.1999 passed in C.W.J.C. No. 9078/1997 and 10.7.2001 passed in L.P.A. No. 167/2000 no liberty should be allowed to the State -respondents to proceed against the petitioner of the present case also he has served the Directorate of Secondary Education for about six years this court should follow the order dated 10.7.2001 passed in L.P.A. No. 167/2000.