RAM KRISHNA DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is against the order of learned single Judge dated 23rd of August, 2007 dismissing the writ petition filed by the petitiorjer -appellant. The petitioner -appellant has challenged the Memo. No.2483 dated 26th of August, 2000, issued by the District Education Officer, Hajipur (Vaishali), by which he has been removed from services from the post of Clerk in S.S. Girls ' High School, Hajipur and also to recover all emoluments paid to him during the period he had served.

(2.) THE relevant facts about the Service of the petitioner -appellant are that he was appointed on urgent temporary basis on 16th March, 1985 for a period of three months which continued through extensions granted from time to time. By order dated 17th August, 1989 the petitioner -appellant was regularly employed by absorption in L.M. High School, Bhagwanpur and was assigned seniority with effect from that date. Thereafter, in terms of the Bihar Government Order dated 13.11.1981 the petitioner -appellant was given a time bound promotion in the Selection Grade by prder dated 23rd November, 1995. It appears that oh 21.6.1999 on the basis of certain Audit. Objection the petitioner -appellant was required to show whether at the time of his appointment provisions relating to giving appointment has been followed or not and whether his appointment is not contrary to any of the provisions laid for such appointments and that if satisfactory reply is not given within eight days his services will be liable to be terminated. A second letter was issued on 4.9.1999 and on 10.1.2000 a show cause notice was given to him. After considering reply to show cause notice his appointment is found to be illegal and irregular including that at the time of his appointment he had crossed the upper age limit. However, there was no allegation that in any of the irregularities pointed out, including about date of birth, the petitioner -appellant was instrumental or concealed any materials required to be disclosed by him . Yet a show cause was given why his services be not terminated and, ultimately, by the impugned order in the writ petition, his services were terminated.

(3.) THE counter was filed supporting the order stated therein, namely, that since the initial appointment was not in accordance with the procedure laid, his services cannot be continued The learned single Judge has dismissed the writ petition principally on the ground tihat original appointment was given without advertisement and publicity. In the close of the judgment a passing observation was made that it further appears that he had forged his appointment letter.