JANARDAN PRASAD SINGH SON OF LATE JAMUNA PRASAD SINGH Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT

JUDGEMENT

(1.) Heard learned Senior Counsel representing the petitioner and learned AC to SC 20 on behalf of the State.

(2.) Petitioner has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India for quashing of the notification / memo no. 117 dated 01.02011 issued under the signature of Deputy Secretary, Water Resources Department, Govt. of Bihar whereby and whereunder the petitioner has been dismissed from service with retrospective effect from 25.09.1997. The petitioner is said to have retired from service on 30.06.200 Further, the petitioner has vide I.A. No. 6425 of 2011 challenged the order as contained in Memo No. 2164 dated 05.04.2011 passed by the Principal Secretary, Water Resources Department, Govt. of Bihar by which it has been held as under:-

(3.) While assailing the impugned orders Mr. Shivendra Kishore, learned Senior Counsel has, at the outset, drawn the attention of this Court towards the previous decision of this Court vide judgment and order dated 29.04.2008 passed in CWJC No. 8681 of 2000 (Janardan Prasad Singh Vs. State of Bihar & Ors.) which is Annexure-"9" to the present Writ Application. The facts and circumstances in which the petitioner while posted as Superintending Engineer in Water Resources Department in the year 1997 was dismissed from service w.e.f. the date of order in terms of Rule 2(1/3) of Bihar and Orissa Subordinate Services (Discipline and Appeal) Rules, 1935 read with Rule 167 of Board's Miscellaneous Rules and the subsequent decision of the appellate authority are all discussed in detail in Annexure-"9".