NILAMBER THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER was appointed temporarily for three months on the post of Chainman vide order dated 16.08.1986 (Annexure 1).

(2.) APPOINTMENT letter reads that appointment is only for three months and is purely temporary and can be terminated at any time without assigning any reason and prior notice. Impugned order dated 04.03.2004 (Annexure 7) reveals that Special Land Acquisition Officer was not competent to give provisional/temporary appointment vide appointment letter dated 16.08.1986 and further Special Land Acquisition Officer was not competent to grant extension to such temporary/provisional appointment. It further reveals that appointment letter could not have been issued by the Confidential Department. Impugned order further reveals that Personnel and Administrative Department of the Government of Bihar vide order dated 11.06.2006 has issued Ban on such type of appointments, therefore, appointment letter dated 16.08.1986 was passed in violation of Ban dated 11.06.2006. Impugned order further reveals that before granting appointment neither any advertisement was issued nor any procedure was followed, whereby public appointment should be done.