SANTOSH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Anand Kumar Ojha, learned Sr. Counsel assisted by Mr. Ashok Kumar Karna, learned Advocate appearing for the petitioner and Mr. P. K. Verma, learned Sr. Counsel for the respondents.

(2.) Learned Senior Counsel appearing for the petitioner submits that the present writ petition has been filed for quashing Letter No. 570 dtd. 19/2/2024 issued by Respondent No. 5, namely the Administration (Chief), Bihar State Road Transport Corporation, Patna, whereby the contractual engagement of the petitioner has been terminated on the ground of alleged unauthorized absence from duty with effect from 15/12/2023. The petitioner has further prayed for a direction upon the respondent authorities to reinstate him on his post, as he remains willing and available to discharge his duties during the subsistence of the contractual period. Learned Senior Counsel further submits that the petitioner was initially appointed to the post of Traffic Manager on a contractual basis for a period of one year vide Letter No. 3675 dtd. 15/11/2018 issued by the Administration (Chief), Bihar State Road Transport Corporation, Patna, pursuant to an advertisement issued by the Corporation. Prior thereto, an offer of appointment was issued vide Letter No. 3466 dtd. 23/10/2018, requiring the petitioner to execute a bond and submit an acceptance letter. The petitioner duly complied with the said requirements and joined his duties, which was formally accepted vide Memo No. 3699 dtd. 16/11/2018 (Annexure?P/3). It is submitted that the petitioner continuously discharged his duties satisfactorily and no complaint was ever made against him. His contractual engagement was extended from time to time through various orders. Subsequently, vide Letter No. 170 dtd. 1/9/2021, he was transferred from the post of Depot Superintendent to the Head Office, Patna. Thereafter, he was again transferred to Aurangabad Depot, where he assumed charge as Depot Superintendent and duly joined on 17/6/2022.

(3.) Learned Senior Counsel further submits that during his posting at Aurangabad, the petitioner repeatedly requested the Regional Manager, Bihar State Road Transport Corporation, Gaya, through letters dtd. 16/5/2023, 18/6/2023, 1/7/2023, 29/8/2023, and 16/11/2023, to conduct physical verification of the store and accounts, apprehending possible manipulation by certain staff members (Annexure?8 series). However, no such verification was undertaken despite repeated requests. It is further submitted that the petitioner sustained a fracture in his leg and, accordingly, submitted a leave application dtd. 10/10/2023 seeking leave from 12/10/2023 to 18/10/2023. Learned counsel further submits that subsequently, vide Letter No. 4092 dtd. 14/12/2023, the Deputy Chief Accounts Officer, BSRTC, Patna directed all Regional Managers/Assistant Regional Managers (Accounts) to conduct physical verification of stores and accounts twice a month and submit reports, warning of strict administrative action in case of irregularities (Annexure?P/10). Pursuant thereto, the Regional Manager, BSRTC, Gaya conducted verification at Aurangabad Depot and alleged financial irregularities amounting to Rs.4,00,140.00. Consequently, an FIR bearing Town P.S. Case No. 896 of 2023 dtd. 15/12/2023 was lodged against the petitioner and one Rajeev Raj, an outsourced cashier (Annexure?P/11).