ARUN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two writ petitions have been heard together and are disposed of by this common order.

(2.) The dispute relates to appointment of Dafadar in Circle No. 1, Nauhatta Police Station in the district of Saharsa.

(3.) I will first deal with the case of Arun Kumar Singh, Petitioner in C.W.J.C. No. 10394 of 1996. He was appointed as dafadar on the post in question on 14th March, 1978. From the order of the District Magistrate in Service Appeal No. 2 of 1995-96 (corresponding to Service Appeal No. 8 of 1991-92) it appears that he worked on the post upto 16th April, 1979. A formal order of dismissal from the post was passed by the Superintendent of Police on 9th August, 1980. He, however, did not challenge the order for atleast 11 years until he filed the aforesaid Service Appeal No. 8 of 1991-92. He came to this Court making a grievance of dismissal in C.W.J.C. No. 2282 of 1994. By order dated 3rd May, 1995 this Court expressed its inability to pass any positive order but in view of the pendency of the aforesaid appeal, directed the District Magistrate to dispose of the same by reasoned order. Accordingly, the District Magistrate passed the aforementioned impugned order on 9th September, 1996. By the said order while negativing his claim, he further held that appointment of Moti Alam Khan, who is Petitioner in other writ petition i.e. C.W.J.C. No. 12508 of 1996, was also illegal. Mqtl Alarh Khan accordingly has also came up and challenged the said order.