STATE OF JHARKHAND Vs. SADANAND THAKUR

JUDGEMENT

(1.) THIS appeal, at the instance of the State of Jharkhand, is directed against the judgment and order passed by the learned single Judge on 10th March, 2003, allowing the writ application filed by the respondent No. 1 herein and quashing the order dated 27th May, 2000, whereby the services of the writ petitioner had been terminated. While allowing the writ application, the learned single Judge also gave certain directions to the respondents therein, directing them to go to the house of the petitioner personally and to hand over a formal letter of reinstatement, together with all benefits.

(2.) APPEARING in support of the appeal, Mrs. Sheela Prasad, learned Advocate, urged that the learned single Judge had erred in allowing the writ application, having regard to the fact that the initial appointment of the writ petitioner -respondent No. 1 was not in keeping with the Rules and had been made by a person, who was not competent to make such appointment, namely, the District Education Officer. According to Mrs. Prasad, such appointment could have only been made by the Divisional Establishment Committee headed by the Regional Deputy Director of Education.

(3.) IT is the said order which is the subject -matter of the writ application before the learned single Judge, who, upon consideration of all materials and having particular regard to the said Rule 74, quashed the impugned order and directed that the order of reinstatement should be issued to the petitioner.