VIJAY SHANKAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks to challenge the order passed by the Superintending Engineer, Public Health Engineering Organisation, Chapra Circle under memo no. 96, dated 21.3.2002 (Annexure -18) by which he was removed from service on the ground that his appointment was irregular. He also challenges the order, dated 8.7.2002 passed by the Chief Engineer by which he was allowed to rejoin for a period of three months till a proper appointment was made against the post and the order, dated 26.7.2002 passed by the Executive Engineer by which his joining was accepted subject to the condition that the arrangement would terminate on expiry of three months.

(2.) THE irony of the matter is that the process for the petitioner 'sremoval from service was started on the basis of the order passed by this court in a letters patent appeal in the case of termination of service of another employee. But the order of the court passed in L.P.A. failed to sustain in appeal before the Supreme Court and the apex court directed for taking the concerned employee back in service. Abhay Kumar Pandey, another employee was earlier removed from service on the same ground that his appointment was irregular. He challenged the order of his termination before the court in CWJC No. 699 of 1998. The writ petition was allowed by order, dated 26.8.1999 passed by a single Judge; the impugned order of termination of service was quashed and the petitioner (Abhay Kumar Pandey) was directed to be re -instated on his substantive post with all consequential benefits. The State preferred an appeal being L.P.A. No. 1252 of 1999. The appeal was allowed by a Division Bench by judgment and order dated 12.12.2000 and the order of the learned single Judge was set aside.

(3.) THAT is one aspect of the matter.