BHOLA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties,

(2.) THE petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 17th November, 1998 passed by the Director Secondary Education, Government of Bihar, Patna whereby the petitioner has been removed from service.

(3.) IT is only thereafter the Education Secretary proceeded with the matter and passed the impugned order holding that the petitioner was appointed without any advertisement and without following the procedure and the recruitment rules. Learned counsel appearing for the petitioner mainly contended that the petitioner appointed in 1987 and after having continuously worked for 11 years, his service could not have been cancelled. Learned counsel relied upon two decision of the Patna High Court in the case of Abhay Kant Pandey V/s. State of Bihar, 2000 (2) PLJR 627, and Sitendra Kumar Singh V/s. State of Bihar, 2003 (4) PLJR 282.