KAMAL KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Letters Patent Appeal has been filed by the appellant since he failed to get any relief against the order of his dismissal/ removal by the respondent Biharsharif Municipal Corporation. The appellant had challenged the order dated 5.4.2007 in CWJC No.6453 of 2007 since his services was terminated with effect from 5.4.2007. The learned Single Judge heard the parties and dismissed the writ application on 3.3.2014 and therefore, the appeal.

(2.) From the narration of events, which is available on record, as well as the order impugned, it is evident that the order dated 5.4.2007, issued by the Administrator of Municipal Corporation, Biharsharif was a fall out of a judicial order passed in CWJC No.2052 of 2004. Appointment or continuance of the present appellant as a Tax Collector was commented upon by the learned Single Judge of CWJC No.2052 of 2004 and because of those adverse observations and findings, the present appellant came to be removed.

(3.) There was a strike by the employees of the erstwhile Biharsharif Municipality, now what is known as Municipal Corporation, in the year 1991. It is said that to meet the emergent situation and keeping the interest of collection of municipal tax, the present appellant was engaged as daily wager. Within months i.e. 29.10.1992, he came to be appointed as a Tax Collector on a regular pay scale on the orders of the Special Officer, Biharsharif Municipality on the so-called recommendation of the selection committee. Such a decision became a matter of challenge in CWJC No.2687 of 1999 wherein an embargo was imposed upon the respondents not to make any backdoor appointments. Then CWJC No.2052 of 2004 was filed where continuance of the present appellant also became a subject matter of dispute and challenge. The learned Single Judge of the said writ application considered the matter in entirety and opined in following terms :