MD SUBHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner prays for issuance of appropriate writ for quashing the order bearing Memo No.260 dated 19.04.1994 together with Memo No.2948 dated 06.03.1999, whereby the petitioner has been dismissed from service. The petitioner also prays that he may be provided with the consequential benefit to which he is entitled after setting aside the orders. Copies of the order dated 19.04.1994 and 06.02.1999 are impugned at Annexures 1 and 2 respectively to the writ petition.

(2.) The writ petition was admitted for hearing vide order passed on 22.06.2000 and was taken up for consideration at its final stage when the parties have been heard.

(3.) Facts of the case as reflected from the pleadings on record briefly stated is that the petitioner was appointed as a Routine Clerk cum Law Agent in the Bihar State Board of Religious Trust (hereinafter referred to as 'the Board') in 1967 vide order bearing Memo No.873 dated 25.01.1967. The petitioner joined the post on 01.02.1967. It is the case of the petitioner that right since his appointment in 1967 there was no complaint against his working until 1992 and it is for the first time in his career that he received show case on 14.09.1992 as to why he be not proceeded against for misusing his power against the interest of the Board. A copy of such notice is enclosed at Annexure 3 to the writ petition.