SANJEEV KUMAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court challenging the order of termination dated 09.06.2012 and with a further prayer for his reinstatement.

(2.) The brief facts of the case as disclosed in the writ petition are that, the petitioner was appointed as Gram Rozgar Sevak on 21.09.2007 and he continued to work till 09.06.2012 when his service was terminated by impugned order. It is stated that before termination of the service of the petitioner, a showcause notice dated 02.05.2012 was issued, to which the petitioner replied on 07.05.2012. The said reply was placed before the competent authority on 09.06.2012, however, before the showcause notice of the petitioner was considered by the competent authority, the impugned order of termination was passed. The petitioner has relied on an office order dated 16.05.2012, in which a direction was issued for terminating the services of the excess Gram Sevak, for the reason that the amount spent by the district administration exceeded by more than 6% of the total amount sanctioned for MNAREGA and therefore, services of some of the Rozgar Sevaks were required to be terminated. The petitioner has also relied on a letter dated 16.08.2012, in which a specific direction was issued by the Deputy Commissionercum District Programme Cooridnator, Dhanbad, intimating the Deputy Secretary, Department of Rural Development, Government of Jharkhand, Ranchi, that if the services of Rozgar Sevaks are dispensed with, it would hamper the implementation of the MNAREGA programme. In these facts, the petitioner has approached this Court by filing the present writ petition.

(3.) Heard the learned counsel appearing for the parties and perused the documents on record.