OM PRAKASH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant, in the present appeal, under Clause 10 of the Letters Patent of this High Court, is aggrieved by the order, dated 19.12.2013, passed by learned single Judge in CWJC No. 21766 of 2012 (Om Prakash Pandey Vs. The State of Bihar and others), whereby the petitioner's application, under Art. 226 of the Constitution of India, came to be dismissed.

(2.) The appellant, who was the writ petitioner, had sought for setting aside an order, dated 06.12.2011, passed by one man enquiry committee headed by Honourable Mr. Justice Uday Sinha, where under the petitioner's claim to allow him to continue as Male Ward Attendant, in Primary Health Centre, Barun, District - Aurangabad, was rejected.

(3.) Upon a query having been made by the Court, learned counsel, appearing on behalf of the appellant, has accepted that there was no advertisement prior to petitioner's initial appointment as voluntary worker, at the concerned Primary Health Centre, by the Additional Chief Medical Officer. He does not dispute the fact that no procedure was followed for selection in tune with the requirements of Articles 14 and 16 of the Constitution of India. He has not been able to answer as to whether Additional Chief Medical Officer had the jurisdiction to make such appointment. There is nothing on record to show that the post, against which the petitioner was appointed, stood.