STATE OF BIHAR Vs. INDRASAN SINGH

JUDGEMENT

(1.) HEARD Mr. Shyam Kishore Sharma, G.A. V in support of the appeal and Dr. S.N. Jha appearing for the respondent.

(2.) THE respondent Indrasan Singh came to this Court in CWJC No. 7590. of 2002 challenging the office order issued by the Joint Secretary to the Government in the Department of Health under his memo No. 98, dated 11.6.2002 by which his service was terminated from the date of issuance of the order on the ground that his initial appointment was illegal.

(3.) A counter affidavit was filed on behalf of the State in which it was stated that the respondents appointment was completely illegal. It was pointed out that under the relevant rules any appointment on a Class III post of typist in the Secretariat or its allied offices could only be made following a selection made either by the Bihar Public Service Commission or the Staff Selection Commission. The so called committee that called for the names from the Employment Exchange and made the recommendation for the petitioners appointment had no authority or power to do so.