HARI NARAIN OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS matter has a chequered history. From the record it is disclosed how the process of this Court has been abused repeatedly at the instance of the writ petitioner. It appears that the writ petitioner was subjected to a departmental proceedings on certain charges. The charges are apparently grave in nature. A regular enquiry followed in respect of those charges and ultimately the matter resulted in passing of the order dated 26th September, 1975, dismissing the petitioner from service. Against such order, the petitioner filed an appeal. As the appeal was not disposed of by a speaking order, the petitioner filed a writ application, being CWJC No. 2761/75 before this Hon 'ble Court. A Division Bench of this Court, after hearing the parties, allowed the writ application of the petitioner as the non - speaking order passed by an appellate authority was not approved. The order was quashed with the direction upon the respondent authorities to pass a speaking order.

(2.) THEREAFTER , an order was passed by the appellate authority. The said order was challenged before this Court by the petitioner. Another Division Bench of this Court, by order dated 4.1.79 passed in CWJC No. 521/78, held that the order of the appellate authority was a non -speaking one and remanded the matter again to pass a speaking order. Thereupon an order was passed by the appellate authority which is a speaking one.

(3.) THEN starts another chapter. The petitioner started making representations before the executive authorities. On such representations two orders were passed by two Minister -in -Charge of Forest directing the reinstatement. This was followed by the order of the Chief Minister. But despite these orders, the petitioner was not reinstated in service. The petitioner then came before this Court by filing another writ application being CWJC No. 284/93(R). The said writ application was withdrawn by the petitioner before a Division Bench for pursuing departmental remedy.