MAHESH KUMAR OJHA, SON OF LATE UMA SHANKAR OJHA Vs. STATE OF BIHAR THROUGH THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF SECONDARY EDUCATION, BIHAR, PATNA

JUDGEMENT

(1.) THE appellant is an unsuccessful petitioner. He filed a writ petition before this Court for quashing the order dated 12th June, 2000 whereby his services as Peon in the Project Girls ' High School, Subhadra, Jamunia, West Champaran came to be terminated by the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.

(2.) FOR the sake of convenience, we shall refer the appellant 'the petitioner '. It is the petitioner 'scase that in the Project Girls ' High School, Subhadra, Jamunia, West Champaran in the year 1993, there was vacancy of one post of Peon. The District Employment Officer, Motihari sent three names (including the petitioner) to the Regional Deputy Director Education, Tirhut Division vide his letter dated 5th June, 1993 for filling up the said post. On 23rd December, 1993, the District Level Establishment Committee, inter alia, considered the subject and recommended five names, including that of the petitioner, for appointment to the post of Peon. The Committee authorised the Regional Deputy Director, Education to issue appointment order. Consequent upon the decision taken by the District Level Establishment Committee, the Regional Deputy Director, Education, Tirhut Division, Muzaffarpur issued office order on 30th January, 1994 appointing the petitioner to the post of Peon in the pay scale of Rs. 775 -12 -955 -14 -1025 purely on temporary basis in the Project Girls ' High School, Subhadra, Jamunia, West Champaran. The petitioner claims to have joined as Peon at the said Project Girls ' High School on 31st January, 1994. In the year 2000, it transpired that the petitioner got his appointment de hors existing circular issued by the State Government for recruitment of Class IV employees. Consequently an inquiry was instituted against the petitioner for having secured appointment illegally and in breach of the existing recruitment circular. On conclusion of the inquiry, it was found that the petitioner 'sappointment was not in conformity, rather it was in breach of Government Circular No. 16441 dated 3rd December, 1980 and consequently, vide order dated 12th June, 2000 passed by the Regional Deputy Director, Education, his services were terminated. As indicated above, it is this order which was challenged by the petitionber by filing writ petition before the Court. Respondent No. 4, namely, the District Education Officer, West Champaran filed counter affidavit in opposition to the writ petition. He set up the plea that the appointment letter on the basis of which the petitioner has been claiming his appointment was a fabricated document. According to him, as per the aforenoticed circular dated 3rd December, 1980, the post was required to be advertised by the then District Education Officer/Regional Deputy Director, Education but that was not done. There was no request to the District Education Officer for appointment to the post of Peon in the said project school. The petitioner had not applied for appointment nor he was called for an interview. It was also stated in the counter affidavit that panel of candidates in each district is required to be prepared and from such panel existing vacancies in Class IV has to be filled. As per respondent no. 4, the petitioner 'sname does not seem to find place in the panel prepared at the district level.

(3.) THE petitioner filed rejoinder on 16th August, 2007 and reiterated its stand set up in the writ petition.