AMIR HASSAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioner prays for quashing of the order contained in Annexure '1' terminating the services of the petitioner as Godown Guard in Bihar State Food and Civil Supply Corporation Limited (hereinafter referred to as "the Corporation").

(2.) The case of the petitioner is that he was appointed on the 6th January, 1966 as Palladar in tha Government Godown on a temporary basis by the Block Development Officer, Hayaghat. Later on the 1st May, 1967 the petitioner was duly appointed by the Sub-divisional Officer Darbhanga to the said post. The services of the petitioner were transferred to the Bihar State Food and Civil Supply Corporation under Annexures '2' and '3'. He accordingly joined his new post and submitted a joining report, a copy whereof it Annexture '4' to this application. On the allegation that the petitioner has been on unauthorised absence, certain, show cause notices were issued to the petitioner. Before, however, concluding the enquiry, the services of the petitioner were terminated under Aanexure-1. The petitioner, challenges the aforesaid termination order.

(3.) A counter affidavit has been filed on behalf of respondent no. 3. In the counter-affidavit it is asserted that the petitioner was an employee of the Corporation meaning thereby that he was not an employee of the State and he was on deputation with Corporation. It is further averred that the petitioner's termination of service is legal and there is no infirmity in the aforesaid termination. It is asserted in the affidavit that the post which the petitioner held under the Sub-divisional Officer, Darbhanga, is no longer in existence,