VISHAL KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Binod Kumar Singh, learned counsel for the petitioner and Smt. Nivedita Nirvikar, learned Govt. Advocate 10. The petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for quashing of an office order contained in Memo No. 563 dated 12-02-2011 issued under the signature of District Education Officer, Patna (Annexure 1 to the writ petition). By the said order, the petitioner's appointment, as Class III post, has been cancelled and the petitioner has been reverted to Class IV post, as Peon, at Nationalised High School, Tope, Patna.

(2.) Short fact of the case is that the petitioner's mother was a government servant, as teacher, who died while in service on 13-10-2007. After the death, the petitioner applied for being appointed on compassionate ground. Finally, the case of petitioner alongwith others was considered by the District Compassionate Appointment Committee and name of twenty persons including the petitioner was recommended for being appointed. The petitioner's case was recommended for being appointed against Class III post. The decision was taken by the District Compassionate Committee under the Chairmanship of the District Magistrate-cum-Chairman of the Committee in the meeting dated 30-05-2008. Thereafter, by order contained in Memo No. 4521 dated 12-08-2008 (Annexure 2 to the writ petition), the petitioner was appointed as Clerk and thereafter, the petitioner joined on 19-08-2008. After joining while he was discharging his duties as Class III employee, the petitioner was asked to explain regarding his appointment on 29-01-2011. Thereafter, the petitioner requested for providing certain documents, however; the impugned order was passed on 12-02-2011, whereby the petitioner has been reverted from Class III post to Class IV post.

(3.) Sri Singh, learned counsel for the petitioner, while assailing the impugned order, submits that once the petitioner was appointed in regular manner against Class III post, the respondents were not at all authorized to revert the petitioner without following the procedure, particularly in violation of Article 311 of the Constitution of India. He further submits that without any departmental enquiry, the said order has been passed, which is liable to be set aside. He further submits that the petitioner being qualified after the death of his mother had applied for appointment on compassionate ground, in terms of policy of the State Government, which was considered in detail by the District Compassionate Appointment Committee and only thereafter, the petitioner was issued appointment letter and he joined and he started functioning since 2008. After lapse of several years in 2011, the impugned order has been passed, which is liable to be set aside.