GOPAL SHARAN DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order as contained in memo dated 15th of April, 1998 (Annexure -1) whereby the petitioner has been directed not to work and to draw salary. The said communication also stated that he is removed from service. Further prayer made by the petitioner is to quash the order dated 15th of March, 1984 (Annexure -2) whereby the petitioners appointment has been terminated.

(2.) SHORT facts giving rise to the present application are that by order dated 4th of October, 1982, petitioner was appointed as temporary clerk and posted at S.R. High School, Nath Nagar. In pursuance of the said order, petitioner joined the school on 11.10.1982. By order as contained in memo dated 15.3.1984 (Annexure -2), service of the petitioner, Umesh Chandra Jha, Arvind Kumar and Bhuwan Bhaskar Prasad were terminated. Aggrieved by the same, petitioner preferred C.W.J.C. No. 2130 of 1984 (Gopal Sharan Dubey vs. The State of Bihar and Ors.). Umesh Chandra Jha, Arvind Kumar and Bhuwan Bhaskar Prasad filed C.W.J.C. No. 1740. of 1984, C.W.J.C. No. 5322 of 1984 and C.W.J.C. No. 1662 of 1984 respectively before this Court. Application of the petitioner was considered by this Court and by order dated 23.4.1984, directed for its hearing aiongwith C.W.J.C. No. 1740 of 1984, i.e. the writ application filed by Umesh Chandra Jha. By order dated 24.1.1986, petitioner was given ten days peremptory time to file complete copy of brief. Petitioner, did not comply the said order and in view of peremptory nature of the order, the writ application was dismissed.

(3.) AS stated earlier, service of the petitioner was terminated aiongwith Umesh Chandra Jha, Arvind Kumar and Bhuwan Bhaskar Prasad and excepting the petitioner, the order of termination of other persons have been set aside by this Court in various writ applications. However, petitioners writ application was dismissed for default and thereafter, the restoration application filed for its restoration has also been dismissed.