MD.SIDIQUE HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Satish Chandra Jha, Counsel for the petitioner and the J.C. to Standing Counsel XI representing the State.

(2.) THE petitioner seeks to challenge the order dated 12.8.2002 (Annexure 1) passed by the District Magistrate, Madhubani. By the impugned order, the petitioner was removed from service as Panchayat Sevak in purported exercise of power under rule 76 of the Bihar Service Code for his absence from duty for more than five years.

(3.) RULE 76(h) of the Service Code, following its amendment in November, 1969 requires that a Government employee may be removed from service for unauthorized absence for a continuous period of five years only after following the procedure laid down in the Civil Services (Classification, Control and Appeal) Rules and Bihar & Orissa Subordinate Services (Discipline & Appeal) Rules, 1935. as the case may be.