STATE OF BIHAR Vs. UMESH CHANDRA PRASAD

JUDGEMENT

(1.) HEARD J.C. to AAG -V in support of the appeal and Mr. Ramakant Sharma, counsel appearing for the sole respondent.

(2.) THIS appeal arises from the judgment and order, dated 23.1.2004 passed by a learned Single Judge by which the writ petition, being C.W.J.C. No. 10174/ 1998, filed by the sole respondent was substantially allowed and the order terminating his service was set aside.

(3.) ON behalf of the respondents a counter affidavit was filed in which it was stated that the appointment of the respondent was made in a completely irregular way without issuing any advertisement or holding a process of selection. It was further stated that the appointment was made in violation of the circular dated 28.10.1991 putting a restriction on any appointments. It was further pointed out that in the appointment order produced by the petitioner (Annexure 2 to the writ petition) it was stated that he was appointed on a purely temporary basis. Moreover, it was stated that the memo number as indicated in the appointment order appeared to be doubtful and suspicious.