DHANANJAI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution against the order of the Collector of Shahabad dated the 19th May, 1964, terminating the services of the petitioner with effect from the 19th June, 1964.

(2.) The petitioner was appointed to the post of Kalyan Graingoia Sevak, otherwise known as Thana Welfare Officer, on temporary basis, and he joined the post at Arrah on the 23rd November, 1956. After sometime he was transferred to Chanari Block in Sasaram Subdivision, It appears that on the 22nd March, 1959, one Mt. Ballia made a complaint against the petitioner at the Chanari police station that he had committed rape on her. The matter was investigated by the police, who found the allegation to be false and the petitioner, who was made an accused, was consequently discharged by the order of the Sub-divisional Officer dated the 24th November, 1959, (Annexure 'A' to the petition) That in October, 1960, the petitioner was transferred in the same subdivision of Sasaram to one Kargahar Block, and in May, 1964, the petitioner received the following order of discharge passed by the Collector of Shahabad: "Memo No. 1180/W Shahabad Collectorate. Dated, Arrah the 19 May, 64. To, Shri Dhananjai Singh Kalyan Graingoia Sewak, Kargahar. You are hereby informed that your services will be terminated on the expiry of one month from the date of issue of this notice and that you should treat yourself discharged with effect from the said date i.e. from 19-6-64." (Annexure 'B' to the petition)." Against this order, the petitioner moved the Commissioner of Patna Division and the Commissioner passed an order which was conveyed to him by the Regional Development Officer by a Memo dated the 18th June, 1965. The order is in the following terms:

(3.) Mr. Jagat Narain Prasad Sinha, on behalf of the petitioner raised the following two grounds: