ALOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) The petitioner seeks quashing of the order dated 29.05.2003 Annexure-10 to the supplementary counter affidavit filed on behalf of respondent no. 3 issued by the District Judge, Buxar by which the petitioner was dismissed from his service and further seeks quashing of the order as contained in Memo No. 1040 dated 12.08.2008 (Annexure-8) issued under the signature of the Registrar (Admn.) High Court of Judicature at Patna by which the appeal against the order of his termination has been dismissed. The petitioner states that the order of termination was never served or communicated to the petitioner. During the pendency of this writ petition, the petitioner died and his widow and sons were substituted vide order dated 19.01.2017.

(3.) The facts which are relevant for disposal of this writ petition are that the petitioner was appointed on the post of Peon of 29.07.1977 in the Civil Court, Arah. In the year 1979, itself, the petitioner was transferred to Civil Court, Buxar, but the petitioner absented himself on account of his mental illness since 03.05.1996. The petitioner was under the treatment of Dr. U.N. Choudhary till 10.10.2007. The petitioner joined on 11.10.2007, but his joining was not accepted. On 22.11.2007 the petition of the petitioner for accepting his joining was rejected as disclosed by the Judge-in-charge, Civil Court, Buxar that he was terminated from the service vide order dated 29.05.2003 and the same was communicated to the petitioner vide Letter No. 338 dated 3rd June, 2003. The petitioner on such communication filed appeal before the Registrar General, Patna High Court. The High Court have been pleased to dismiss the appeal and the same was communicated to the petitioner vide Memo No. 1040 dated 12.08.2008 as contained in Annexure-8.