ADITYA NARAYAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) AN advertisement was published inviting applications for appointment of Junior Engineers. Petitioner responded to the said advertisement, appeared at the written examination and faced the Interview Board. At that time, another advertisement came up. Petitioner also responded to the said advertisement, appeared at the written test and also faced the Interview Board. Subsequent thereto, petitioner obtained success in respect of the application made by him against the first advertisement. Accordingly, on 16th January, 1987, petitioner joined his duties. The application of the petitioner against the second advertisement also succeeded and that also resulted in an offer of employment. It is the contention of the petitioner that he had no knowledge of such offer of employment.

(2.) IT is the contention of the State that the petitioner purported to accept the second offer of employment and gave his joining on 10th June, 1988 before the Chief Engineer and thereupon when he was asked to report to the Executive Engineer, another person claiming to be the petitioner went to the Office of the Executive Engineer with the testimonials of the petitioner, and thereafter started discharging duties representing him as the petitioner since 10th June, 1988. According to the State, this came to light about twelve years later when the Gradation List was prepared. Before the State could catch the person, who was impersonating the petitioner since 10th June, 1988, he evaporated.

(3.) IN the event, the petitioner is absolved of the charges, it shall be deeded that the petitioner was on service and snail be paid his salaries for the entire period he remained under suspension including the period from the date of termination of his service until yesterday less subsistence allowance already paid to him, as is the mandate of the Bihar Service Code.