LAWS(PAT)-2019-6-112

RAMANUJ SINGH Vs. STATE OF BIHAR

Decided On June 18, 2019
Ramanuj Singh Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The appeal questions the correctness of the impugned judgement dated 22nd of March, 2018 on the ground that keeping in view the long tenure of the service of the appellant, the termination of the services of the appellant was absolutely unjustified inasmuch as there was no default on the part of the appellant nor was it the case of the respondents that the appellant had practised any undue influence for obtaining the employment.

(2.) Learned counsel submits that the respondents have committed an error in proceeding to dispense with the services of the appellant without holding any proper enquiry or giving any proper opportunity to the appellant and, therefore, the order dated 17th of December, 2003 was clearly in violation of the principles of natural justice.

(3.) We have considered the submissions raised and perused the records. The learned Single Judge has traversed all the facts and has come to the conclusion that the manner of appointment as prescribed under the Bihar Police Manual was clearly violated and the appointment was not in conformity with the same. This aspect has been dealt with in relation to similar nature of appointments in the case of State of Bihar and Ors. Vs. Chandreshwar Pathak, reported in (2014) 13 SCC 232 where such termination orders that were upheld by this Court have been upheld by the Apex Court as well.