LAWS(PAT)-2006-6-60

UPENDRA NARAYAN SINGH Vs. STATE OF BIHAR

Decided On June 28, 2006
UPENDRA NARAYAN SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD counsel for the petitioners and the counsel for the State.

(2.) PETITIONERS have prayed for quashing the letter nos. 269, 262, 271, 268 and 270 dated 23.5.2001 by which the services of the petitioners have been terminated. Further prayer of the petitioners is for commanding the respondents to reinstate them in their respective services with all consequential benefits.

(3.) PETITIONERS case is that all five petitioners were appointed legally by the Regional Director, Animal Husbandry who was empowered through letter no. 5094 dated 4.7.1987 (Annexure -28) to make appointment on Class IV posts. All five petitioners were appointed on vacant posts existing at that time observing all necessary legal formalities and they have continued to discharge their duty on their respective posts. Subsequently the petitioners were transferred to different place and confirmed on their respective posts by the local appointment committee. By Memo No. 2084 dated 16.4.1996 a direction was issued to hold enquiry in respect of only those appointments which were made after 28.10.1991 as thereafter the Regional Director has no power to make such appointment. Though petitioners were appointed prior to 28.10.1991. The Regional Director, Animal Husbandry asked the petitioners to submit show cause regarding the genuineness of their appointment. Petitioners submitted their show cause before the Regional Director stating that their appointments have been done after following the due procedure and proper rules and regulations by the competent authority.