GOPAL PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the Bihar State Religious Trust Board and learned counsel for the State.

(2.) This writ petition has been filed by the petitioner for setting aside the order dated 26.09.2013 passed by respondent no. 4 and consequential order dated 10.10.2013 passed by respondent no.2 by which the representation of the petitioner challenging his removal from the post of Manager of Kanni Ram Kejariwal Dharamashala, Bhabhua ( for short ' trust') has been confirmed.

(3.) The case of the petitioner is that he was appointed as Manager of the trust on 09.01.2002. His appointment was made permanent in the meeting of the trust held on 14.08.2003. The defaulter tenants of the trust made a complaint against him on which the District Magistrate Bhabua initiated a case against him, which was dismissed by order dated 03.11.2006. Thereafter, the aggrieved tenants took shelter of the Bihar State Religious Trust Board (for short 'the Board') by approaching the Chairman. The Chairman got the matter enquired into. Subsequently, vide order dated 12.01.2007, the District Magistrate set aside his removal order. Thereafter, the tenants took shelter of the Board by approaching its chairman, who got the matter enquired into and, on his letter dated 17.10.2007, a show-cause was asked from the petitioner by the District Magistrate, vide letter dated 13.06.2008 through the Block Development Officer. The petitioner submitted his reply to the show-cause before the Block Development Officer. The District Magistrate sought for a report from the Block Development Officer and, in response to that, the Block Development Officer gave his findings, vide his letter no. 159 dated 28.04.2009. Thereafter, the then District Magistrate, after hearing the petitioner and the Block Development Officer and, on perusal of all the documents on record, exonerated the petitioner from the charges, as levelled in the letter dated 17.10.2007 by the Chairman of the Board. Subsequently, a new District Magistrate assumed charge of Bhabua. The Chairman of the Board sent another letter dated 11.05.2011 to the District Magistrate. The District Magistrate without verifying the records and opinion of the Block Development Officer and the erstwhile District Magistrate, vide his order dated 26.09.2011, removed the petitioner from the post of Manager of the trust. Being aggrieved by the order of Chairman and the consequential order passed by the District Magistrate, Bhabua, the petitioner challenged the same before this Court, vide C.W.J.C No. 421 of 2013, which was disposed of, vide order dated 14.01.2013 directing the petitioner to file a fresh representation before the Chairman of the Board for reconsideration of the matter. In compliance of the order of this court, the petitioner filed a representation before the Chairman of the Board along with the order dated 14.01.2013 passed by this Court in C.W.J.C No. 421 of 2013. After hearing the parties and perusing the documents furnished by the petitioner, the Chairman of the Board, vide impugned order dated 26.09.2013, removed the petitioner from the post of Manager and rejected his representation.