DASRATH MEHTAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the instant writ petition the Petitioner Dasrath Mehtar, by caste a Scheduled Caste, has come up with a complain that after having had made him to work as a Mehtar, i.e. Sweeper from 1983 until 16th October, 2004, he has been unceremoniously thrown out from his service. On behalf of the Commandant, Bihar Home Guards, initially a counter affidavit was filed. IN that it was stated that the post in which the petitioner was working is not a sanctioned post.

(2.) RULE 151 of the Bihar Boards Miscellaneous RULEs read with Appendix-H thereto furnishes the guidelines for making appointment to Ministerial or other posts in Bihar. The said rule and the said appendix do not authorise appointment in a non-sanctioned post, although requirement of publication of notification may be suspended temporarily in cases of urgency. In such view of the matter, it appeared to the Court that an appointment of the nature as given to the writ petitioner could not be given, for a post cannot remain vacant, unless the same is sanctioned. In the circumstances, a further affidavit was called for.

(3.) LET the Registry supply a copy of this order to the Secretary, Home Department of the State, who is directed to immediately initiate appropriate proceedings against the persons who have acted in the manner, as above, and also to ascertain whether by compelling the petitioner, though engaged as a Home Guard, to work as a sweeper any Officer of the State is liable to be punished under the appropriate provisions of law protecting Harijans and ultimately see to it that these lapses do not take place in future.