NAGENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE grievance of the petitioner is that the impugned orders of termination of service, as contained in Annexures 6 and 6/A. have been issued by the respondent, Regional Deputy Director of Health Services, without giving any show cause notice to the petitioners. It is stated that the appointment of the petitioners was made after following the procedures of appointment, i.e. after calling names from the Employment Exchange interview and selection through a Selection Committee and on recommendation of such Selection Committee. According to the petitioners the post in question is not a promotional post but can be filled up also by direct recruitment.

(2.) THOUGH , a counter affidavit has been filed on behalf of the respondents, it has not been denied that the impugned orders were issued by the respondents without any show cause notice to the petitioners. It has also not been denied that the services of the petitioners were earlier confirmed by the respondents vide order dated 8th of January, 1993. The respondents have also not enclosed the so -called notification dated 25th of September, 1979, which was purported to be violated at the time of appointment of the petitioners.

(3.) TAKING into note that the petitioners were confirmed employees and at the time of their appointment some sort of procedures were followed (procedure of direct recruitment) and the respondents came out with the impugned orders without any notice to the petitioners, this Court has no other option but to set aside the impugned orders, as contained in Annexures 6 and 6/A.