AJIT KUMAR Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN this writ application the petitioner has prayed for quashing the order dated 1.7.2000 as contained in Annexure 7 to the writ application, whereby appointment of the petitioner has been cancelled by the respondent No. 3. Deputy Development Commissioner -cum -Chief Executive Officer. Zila Parishad, Koderma.

(3.) THE respondents' case in counter affidavit is that the respondent No. 3, Deputy Development Commissioner -cum -Chief Executive Officer had illegally appointed the petitioner, vide letter dated 26.8.1993 on ad hoc basis in utter disregard and violation of the rules and procedure as laid down by the Government. It is stated that neither roster policy regarding reservation of post was followed nor the vacancies were advertised nor any test, interview was conducted. There was no papers regarding educational qualification, age, caste etc. of the petitioner are available on record of Zila Parishad. The respondents' further case is that as per Government Resolution No. 2012 dated 16.3.1991, no appointment can be made without prior approval of the Government. The Divisional Commissioner. Hazaribagh got the matter inquired in detail and reported that the appointment was illegal. The Government also decided to initiate action against Sri Saran Tirkey, the then Deputy Development Commissioner -cum -Chief Executive Officer; Hazaribagh for making illegal appointment.