MD AYUB Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) PETITIONER has prayed for quashing of order dated 30.6.1987 contained in Annexure -6 whereby his services have been terminated with immediate effect on the ground that charges against him had been found proved in a departmental proceeding.

(3.) IT was first submitted on behalf of the petitioner that since second show cause notice regarding punishment alongwith a copy of the enquiry report was not served before passing of the impugned order dated 30.6.1987, the punishment is bad in law. No doubt, the law settled by the Apex Court on this point supports the aforesaid proposition of law but while settling the said law the Apex Court in the case of Union of India vs. Md. Ramzan Khan (AIR 1991 SC 471) held that such proposition of law shall have only prospective application and no punishment awarded earlier shall be challenged on this ground. The judgment was dated 20.11.1990 and hence petitioner cannot be given the benefit of that judgment to assail the impugned order dated 30.6.1987.