KAMALA KANT ARUN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing and heard at length. Concerned lawyers have no objection with regard to the proceeding which has been held through Video Conferencing and there is no complaint in respect to audio and video clarity and quality and after hearing at length, the matter is being disposed of finally.

(2.) Petitioner has knocked door of this Court with a prayer to quash order issued vide Memo No. 912, dated 27.04.2020, issued by the respondent no. 3, whereby and whereunder he has been terminated from the service just three days prior to his retirement without initiating any departmental proceeding or without issuance of any show-cause.

(3.) As per factual matrix, petitioner was appointed to the post of Assistant Teacher on 06.06.1966 and was posted in the office of BEEO, Nawadih, under Bermo Sub-division, Giridih. At the time of joining, the certificates of the petitioner were duly verified by the department and were found to be correct and after issuance of letter no. 54/89, dated 06.04.1989, salary were paid and the services of the petitioner was confirmed in the year 1989. It is specific case of the petitioner that after his appointment, petitioner was transferred to different schools where he worked to the utter satisfaction of the respondent authorities and no complaints were ever made against him neither petitioner was subjected to any departmental proceeding in his entire service career. Petitioner finally superannuated on 30.04.2020 but just four days after his superannuation, i.e. on 04.05.2020, impugned letter of termination was served upon him with a note that he had been terminated from the service vide memo no. 912, dated 27.04.2020. The said order of termination was issued without any show-cause notice or initiation of any departmental proceeding. Throwing challenge to the said order, present writ petition has been filed.