ASHOK KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) THE petitioner is aggrieved by the order of his termination dated 9.3.2005 at Annexure -5 issued by the Director, Handloom and Sericulture, Bihar from the post of Storekeeper -cum -Clerk. Learned counsel submits that the petitioner was appointed on 22.3.1986 followed by grant of first time bound promotion on 4.7.1997 and grant of increments after clearing Hindi Noting and Drafting Examination in December, 1988. He continued in service. In the year 2001 his appointment came in for scrutiny on the directions of the Director by his order no. 1259 dated 11.7.2001. A report came to be submitted on 16.2.2002 by memo no. 362 in his favour. Notwithstanding the same, he was issued fresh show cause notice on 7.3.2005 again with regard to the validity of his appointment. He submitted a reply on 2.4.2005 followed by another reply through his counsel on 15.4.2005. The latter reply in paragraphs 9, 10, 11, 12 specifically dealt with earlier enquiry held into validity of the appointment and the findings returned in his favour. The impugned order of termination simply states in one line that the reply was not found satisfactory.

(3.) A counter affidavit has been filed on behalf of the Respondents. The correctness of the assertion that the validity of the appointment of the petitioner was scrutinized earlier when a report in his favour came to be submitted on 16.2.2002 is not denied. That the petitioner had filed a representation in pursuance of the fresh show cause notice in which he raised the issue of the aforesaid enquiry has also not been denied in the counter affidavit. The counter affidavit simply reiterates what is stated in the order of the termination that the reply was not found satisfactory.