NAND KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioner Nand Kishore Prasad hag applied to the High Court under Article 236 of the Constitution for grant of a writ in the nature of certiorari to quash order No. 1056 of 1955 of Mr. R. N. Roy, General Manager of Bihar Rajya Transport.

(2.) The case of the petitioner is that he was appointed as a junior clerk on the 27th of March, 1954, and was posted to Gaya, He was discharged from that post later on because he was suspected of being involved In a Police case. The Police, however, submitted a final report and on the 25th of February 1955, the petitioner was reappointed to the post of junior clerk by the order of the General Manager No. 1632, dated the 25th of February, 1955. The order of the General Manager is to the following effect:-

(3.) The learned Government pleader stated that Article 311 (2) has no application to this case. It was argued that the petitioner was discharged on the 1st of November, 1955, in terms of the contract of service.