LAWS(PAT)-2008-12-87

STATE OF BIHAR Vs. SHAM SHAD ALI SHAH

Decided On December 10, 2008
STATE OF BIHAR Appellant
V/S
Sham Shad Ali Shah Respondents

JUDGEMENT

(1.) State of Bihar and its Officers, aggrieved by the order dated 14.2.2007 passed in MJC No. 2967 of 2006, have preferred this appeal under clause 10 of the Letters Patent.

(2.) In view of the order which we propose to pass in this appeal, it is inexpedient to give in detail facts of the case, Suffice it to say that petitioner's appointment has been found to be illegal by the Director in its order as contained in Memo dated 4th of July, 2000. Writ petitioner-respondent challenged the said order, inter alia contending that his appointment is legal and therefore termination of his service is bad in law. This found favour with the learned Single Judge and by the impugned order it had set aside the order of termination.

(3.) In this appeal it has been contended by the appellants that the appointment of the writ-petitioner is illegal and therefore rightly terminated.