KAMLESHWAR PD VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Originally this writ petition was filed on behalf of the 10 petitioners who were in the service of the Raj Bhawan and had been dismissed on charges of misconduct. During the pendency of the writ petition two of them i.e. petitioner Nos. 5 and 10 have deceased and have been substituted by their legal heirs, who are pursuing the matter.

(2.) The petitioners are aggrieved by orders bearing Memo no. 456 to 465, all dated 8.3.1996 issued under the signature of the Principal Secretary, Governor of Bihar whereby the writ petitioners have been dismissed from the service, copies of the orders are impugned at Annexure-1 series to the writ petition. The petitioners were posted on different Class-IV posts of Udyan Mazdoor, Peon and Daftari. The details are present at paragraph 25 of the writ petition.

(3.) Facts leading to the impugned order briefly stated is, that a general strike of non-gazetted employees took place on 19.11.1991 and continued until 4.2.1992 on an agreement being reached in between the State Government and the Non-gazetted Employees Federation. Certain modalities were worked upon and which would be relevant for the present purpose. A decision was taken to regularize the strike period i.e. 19.11.1991 to 4.2.1992 against the earned leave and advance earned leave of the employees concerned and which decision is present in the letter dated 10.2.1992 of the Joint Secretary enclosed at Annexure-2. A decision was also taken not to proceed against the striking employees except those who were found involved in act of violence or who had been proceeded for any illegal action. Such decision is present in the letter of the Joint Secretary dated 27.3.1992 enclosed at Annexure-3. The documents thus present at Annexures-2 and 3 would manifest that not only the Government had taken a lenient attitude towards striking employees rather penal action was restricted only against such of the employees who had resorted to violence during the strike period or against whom action had been initiated for indulging in unlawful acts.