ANIL KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in the instant case prays for quashing the order dated 18.12.1999 issued under Memo No. 2369 by the Director. Social Welfare. Government of Bihar, Patna (Annexure -1), whereby and whereunder the appointment of the petitioner as an Assistant Teacher of the Government Deaf & Dumb School. Dumka was ordered to be cancelled with immediate effect. The petitioner also makes a prayer that upon setting aside of the aforementioned order, appropriate direction be passed reinstating him together with all consequential benefits, including arrears of pay as well as current, salary and other benefits.

(2.) ACCORDING to the petitioner, he was appointed on the post of an Assistant Teacher of the Government Deaf & Dumb School. Dumka by order dated 16.6.1987. Upon his joining, the District Welfare Officer, Dumka duly accepted the same by Memo dated 11.7.1987 (see Annexures -2 and

(3.) EVEN in the counter affidavit, at paragraph 3, it has been repeated that the petitioner was appointed by Incharge Deputy Director, Santhal Parganas without following the procedure etc. and, therefore, the services of the petitioner were terminated. At paragraph -4. the fact relating to the submission of the enquiry report has been admitted and it has further been stated at paragraph -9 that the name of the petitioner was received from the Employment Exchange at Bhagalpur and not from the Employment Exchange at Santhal Par -gana. It has also been stated in the same paragraph that the petitioner 'sappointment at Dumka could not have been done in view of the circular of the Cabinet Secretariat dated 15.1.1987 as contained in Annexure -11/1, which had circulated, inter alia, that only local people of the district should be appointed, which in the instant case, had been violated. Thus, the counter affidavit also proceeds on the aforementioned grounds of justifying the cancellation of appointment of the petitioner on the basis of the aforementioned district criteria.