BAIJ NATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petition has been filed for quashing of the order passed by the District Magistrate. Bhojpur, dated 29.3.2003. Services of the petitioner as Panchayat Sewak has been terminated by virtue of dismissal order dated 29.3.2003 by the District Magistrate, Bhojpur.

(2.) The case of the petitioner is that without affording the protection of procedural safeguards in a duly constituted proceedings the petitioner has been dismissed by order dated 29.3.2003 issued by the District Magistrate, Bhojpur.

(3.) The order of the District Magistrate, dated 29.3.2003, is a detailed order. However, Counsel for the petitioner submits that adequate opportunity was not granted to the petitioner in the proceedings. It is submitted by petitioner's Counsel that by giving age relaxation appointment of the petitioner was made as Panchayat Sewak from the post of Dalpati. The fact that petitioner's date of birth was 4.6.1951 and that he had crossed the 30 years upper age limit for the appointment is irrelevant. The appointment being given by relaxing the age on 3.5.2000, the date of birth being 1951 is wholly irrelevant as even if the petitioner had crossed 30 years age, the same could not be made basis of holding the appointment to be illegal. From the documents available on record, Counsel for the petitioner submits that since the appointment was obtained by virtue of relaxation of age, the bogey raised by the respondents in respect of petitioner's matriculation certificate is wholly irrelevant.