GAUTAM PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The appellant, who was appointed on daily- wage w.e.f. 02.10.2002 in the office of C.D.P.O., Lakhisarai on the sanctioned post of Jeep Driver and whose services were regularized from 19.01.2013 under the orders of the Collector, Lakhisarai, was terminated vide order dated 06.05.2014 without any departmental proceeding on the ground of his having been appointed on a false claim of there being a direction of this Court and for appointing him and that his appointment was against the roster, as the post belonged to the other backward caste category but the same was wrongly filled up by appointing the appellant who belonged to Scheduled Caste Category.

(3.) A writ petition came to be filed against the order of termination dated 06.05.2014 issued by the District Magistrate, Lakhisarai contained in Memo No. 239, on several grounds, viz, that the appellant has been terminated without any departmental proceeding even when his appointment was made after following due process and in terms of the directions given by this Court vide order 25.01.2012 passed in M.J.C. No. 3769 of 2011 and that the ostensible plea of the appellant's name did not figure in the panel of 2002 is absolutely incorrect, as the aforesaid panel was cancelled by the Divisional Commissioner, Munger and which cancellation was challenged by one Nageshwar Paswan in C.W.J.C. No. 3093 of 2004 but to no avail and which order was never challenged.