BRAHMESHWAR PAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the respondents.

(2.) THIS petition has been filed on behalf of the petitioner for quashing order dated 4.1.2002 (Annexure -1), by which respondent no. 3 the District Education Officer, Buxar, after considering the report and also the show cause filed by the petitioner, terminated the petitioner 'sservice as a Peon in Brahmeshwar Nath High School, Brahmpur, in the district of Buxar. The petitioner 'sclaim is that he was appointed for a period of only three months on the post of Peon on 1.5.1989, whereafter by order dated 22.7.1989 (Annexure -5) he was duly appointed temporarily on that post by the authority, who had the jurisdiction to appoint, on a vacant sanctioned post of Peon.

(3.) FROM the facts and circumstances of the case, it is quite apparent that although the petitioner was appointed by the authority, who was duly authorised for appointment, but for the said appointment neither any advertisement was made nor any interview was taken nor a panel was prepared and hence it was in complete violation of the procedure as laid down by the Personnel and Administrative Reforms Department vide its circular no. 16441 dated 3.12.1980.