AKHILESH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for quashing the orders dated 1.10.97 and 18.11.97 passed by the respondent nos. 4 and 5 respectively, whereby service of the petitioner has been terminated with effect from 18.11.07.

(2.) THE petitioner 's case is that he was appointed in' the year 1986 in the Animal Husbandry Department as Laboratory Assistant for a temporary period of six months. It is stated that after expiry of six months he was allowed to continue in service by making extension for a further period of six months and ultimately his service was regularised by the Selection Committee, The petitioner 's further case is that in the year 1989 he was transferred and posted against vacant post of Ganak, vide order of respondent no. 5, Regional Joint Director, Animal Husbandry Department and was posted at Palamau. It was specifically mentioned in the order that in the event appointment was made by the Directorate against the aforesaid post or any body was posted, the petitioner would be reverted back to his original post as Laboratory Assistant. The petitioner said to have been confirmed in the post of Ganak by order dated 16.10.93. A copy of the said order dated 16.10.93 filed and annexed as Annexure 3 to the writ petition. However, the petitioner received a show cause notice dated 2.9.96 asking him to show cause as to why his appointment should not be cancelled on the ground that appointment had not been made by the Director, Animal Husbandry Department, who alone was the competent authority. After filing of the show cause the service of the petitioner was terminated holding that his appointment it -self was illegal and without any authority.

(3.) I have heard Mr. Dilip Jerath, learned counsel for the petitioner and learned JC to GP 2.