SANTLAL SAH @ SHAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) APPELLANT Santlal Sah has preferred this appeal under Clause 10 of the Letters Patent against the order passed by the learned single Judge in WP(S) No. 4637 of 2005 on 17.9.2007 whereby the learned single Judge dismissed the writ by refusing to quash the termination order of the appellant as contained in memo No. 765 dated 30.6.2005.

(2.) APPELLANT was initially appointed as Assistant Teacher on the recommendation of District Establishment Committee pursuant to the letter issued by the Special Secretary, Department of Education, Government of Bihar, Patna in the year 1983. Appellant stated that on account of certain dispute, salary of the appellant and others was stopped for which they preferred writ vide CWJC No. 5860 of 1984 which was disposed of by the Patna High Court on 12.2.1985 with the direction to the respondents -authorities to release their salary. It is further stated that after some time, the respondents -authorities terminated him from the service and against the said order of termination, he preferred another CWJC No. 407 of 1985. Writ was admitted and stay was granted therein on 1.2.1985. Appellant in view of the stay order continued in the service but it was finally disposed of on 13.5.1996 with the direction to the respondents -authorities to conduct an enquiry within eight weeks with the opportunity to the appellant to be heard. The enquiry could not be conducted and concluded within the stipulated period of eight weeks inspite of the fact that in the meantime the appellant herein obtained certified copy of the order of the Patna High Court dated 13.5.1996 and produced the same before the authority concerned but without action till the impugned order of his termination dated 30.6.2005.

(3.) IT was pointed out that respondents -authorities served show -cause notice upon the appellant vide memo No. 712 dated 6.4.1998 and stopped the salary but having been satisfied with the causes shown by the appellant, his salary was released and since then he was continuously working without break until his termination.