AMIRI JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Counsel for the State.

(2.) The petitioner states that he was an applicant in pursuance of an advertisement published in a vernacular and an Urdu Newspaper on 14th and 17th of September, 1989, for the post of non-medical assistant. After suffering a process of selection, he was given a regular pay-scale and joined as such on 23.12.1989. On 21.2.1994 he was asked to show cause why his appointment be not cancelled as not having been made by the appropriate authority. He filed his reply to the show cause notice on 22.3.1985, appended at annexure-5. He specifically stated that he came to be appointed in pursuance of an advertisement by the competent authority after suffering all procedures for a regular appointment. More show cause notices followed which were all replied to as would be evident from annexures-9 and 10 to the present writ application. While this exercise of repeated show cause notices and repeated replies continued, the petitioner was not disturbed in discharge of his duties and he continued to work uninterruptedly from the date of his appointment in December, 1989. His salary was then stopped in May, 2000 on the plea of an enquiry into the genuineness of the appointment. Unfortunately, this time he did not appear to be that lucky when a fresh show cause notice was issued on 3.9.2002. The petitioner again filed his reply reiterating his stand taken by him when order of termination dated 23.9.2000 followed as appended at annexure-14. It states that his appointment was illegal/irregular. That the cause shown by him was not acceptable. No reasons have been assigned as to why the cause shown was not acceptable and that the plea of the petitioner of an advertisement and regular selection with details thereof was not acceptable to the respondents.

(3.) The petitioner then came to this Court in C.W.J.C. No. 13967/02. The writ application was heard and disposed by a common order dated 8.9.2003 along with C.W.J.C. No. 4702/03.