JAI JYOTI KISHORE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THE petitioner prays for quashing the order dated 10.6.2002 issued by the respondent No. 4 removing the petitioner from service without holding any departmental enquiry. According to the petitioner, the respondent No. 4 [The Deputy Commissioner, Singhbhum (East), Jamshedpur -cum - Chairman. District Rural Development Agency. Singhbhum (East), Jamshedpur] is not competent to pass an order of dismissal/removal from service and it is only the Board of Management which can do so.

(3.) THEREAFTER , the petitioner continued working and sometime later, the aforementioned Agency resolved to regularize several daily wage earners and accordingly issued Memo No. 447, dated 9.6.1992 (Annexure -2) by which the services of the petitioner was also regularized as an Assistant with effect from 15.5.1992 in the scale of Rs. 1,200 -30 -1,800. The petitioner has stated that the services of other similarly situated daily wage earners were also regularized subsequently. In the meantime and in the year 1990, the District of Singhbhum was bifurcated and the petitioner was regularized in the District Rural Development Agency, East Singhbhum at Jamshedpur. By order dated 14.12.1996 (Annexure -3), the petitioner was granted promotion to the post of an Accountant in the scale of Rs. 1.400 -2,300. All of a sudden, the petitioner states, that on 27.2.1999 (Annexure -4), the Deputy Commissioner issued an order canceling his appointment on the ground that he had been appointed illegally. According to the petitioner, this order was passed without any opportunity of hearing and without initiating any departmental proceedings. Consequently, the petitioner filed CWJC No. 1004 of 1999 and by order dated 1.2.2001 (Annexure -