NANDLAL PRASAD Vs. STATE OF BIHAR & OTHERS

JUDGEMENT

(1.) The present writ petitions involve common issues and with the consent of all the parties, are being taken up together for disposal at the admission stage itself.

(2.) The petitioners are aggrieved by the termination of their services from the post of 'contingent menial orderly' in Government High School, Turki, Muzaffarpur and have sought quashing of the impugned orders as contained in Memo No. 760 dated 20.09.2006 (Annexure-1 in CWJC No. 14998 of 2006) and Memo No. 1224 dated 27.10.2009 (Annexure-15 in CWJC No. 16144 of 2009); and for connected reliefs.

(3.) Mr. S.P. Srivastava and Mr. S.B.K. Mangalam, learned counsel appearing on behalf of the petitioners in the two writ petitions respectively, have made submissions at some length on merits to assail the orders of termination. This Court however, is of the view that the writ petitions may be disposed of on a preliminary issue without going into the detailed merits of the matter. From the facts obtaining in CWJC No. 14998 of 2006 it transpires that a show cause notice in letter No. 9900 dated 09.12.2005 (Annexure-5) was issued by the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur (Annexure-2), followed by similar notices as contained in letter No. 88 dated 07.02.2006 (Annexure-7) and letter No. 276 dated 25.04.2006 (Annexure-9), all of which required the petitioner to produce relevant documents to enable verification of validity of the petitioner's appointment. None of these notices, however, put the petitioner on notice about proposed action such as cancellation of appointment, to be taken by the respondents. The final order of termination dated 20.09.2006 (Annexure-1) has been passed assigning certain reasons and based on certain materials such as the departmental letter Nos. 444 dated 30.07.1987 and 620 dated 24.08.1991, which were never supplied to the petitioner nor was he confronted with the same prior to passing of the impugned order.