ASHOK KUMAR NIRALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed this application challenging the order dated 21.1.2002 by which the Judicial Magistrate, 1st Class, Muzaffarpur has rejected the discharge petition filed on behalf of the petitioner.

(2.) The petitioner was appointed on the post of Peon on 28.1.1988 in the Office of D. N. High School, Muzaffarpur. The petitioner's services were terminated on 18.11.1997 on the ground that his appointment was made without proper advertisement, interviews, selection etc. In the meantime, the District Education Officer, Muzaffarpur also filed a criminal case against the beneficiaries of the so-called illegal appointments. The matter came up before this Court when the petitioner challenged his termination by filing writ application being CWJC No. 1130 of 1998 which was disposed of on 31.7.1998 by which this Court quashed the order of termination. Against the order of the learned Single Judge, the State preferred LPA No. 1181 of 2000 which was dismissed.

(3.) The aforesaid criminal case was filed against 12 persons. All 12 persons moved this Court by filing writ applications and their order of termination was set aside by this Court which was challenged before the Division Bench in LPAs by the State which stood dismissed and the petitioner alongwith others were reinstated in services. Against the order passed in the LPA, the State moved the Supreme Court in the case of Kalpana Rani which was dismissed by the Apex Court and the order passed in the writ application and LPA were upheld by the Supreme Court, and, as such, the petitioner and others continue to be in service and their order of termination stood cancelled by various orders passed by this Court.