LAWS(PAT)-2007-11-47

AJAY KUMAR SINGH Vs. STATE OF BIHAR

Decided On November 29, 2007
AJAY KUMAR SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) THE petitioner came to be appointed on daily wages in the office of the Government Polytechnic, Saharsa. He was regularized in the year, 1987 which regularization came to be cancelled in the year, 1987 itself. A writ application being CWJC No. 3956 of 1993 was preferred by the petitioner challenging the cancellation order. On 2.5.1995 the writ application was allowed holding that the order was bad as no opportunity of hearing was given. Opportunity was, however, granted "to the competent authority to take steps afresh against the petitioner". Thereafter, followed a show cause notice dated 4.10.1999 which was followed by the order of termination dated 29.12.1999. Learned counsel for the petitioner submits that the show cause notice was not addressed to the petitioner. In fact, it was not a show cause notice for termination of service. It did not state of any illegality in his appointment so as to require him to show cause why his service be not terminated.

(3.) THE impugned order sets forth six grounds of illegality in his appointment. The petitioner has been denied any opportunity to represent against the same.