Petitioner challenged an order divesting her of drawing and disbursing officer status while under suspension. Court held no vested right exists and dismissed the writ. Heard arguments on 06-07-2012.
Writ application dismissed on the principle that no government servant has a vested right to a post.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11345 of 2012
.... .... Petitioner/s
Versus 1. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna 2. The Principal Secretary, Department Of Human Resource Development, Government Of Bihar, Patna
.... .... Respondent/s
====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
2 06-07-2012 Heard learned counsel for the petitioner and the
State.
Petitioner is aggrieved by the order dated 28.4.2012 divesting her from the status of a drawing and disbursing officer. No government servant has a vested right to hold any post, more so when it is acknowledged that the petitioner has been placed under suspension in contemplation of a departmental proceeding.
Nothing in this order shall be construed or opined as any observation or opinion with regard to the allegations made against the petitioner and which has to be decided on its own merits.
The Court has declined interference only for the
Patna High Court CWJC No.11345 of 2012 (2) dt.06-07-2012
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reasons that no government has a vested right to a post.
The writ application is dismissed.
P. Kumar/- (Navin Sinha, J)
1 issue framed by the court
Whether a government servant has a vested right to retain a post when placed under suspension for departmental proceeding.
1 provisions across 1 enactments
Geeta Jaiswal
The State Of Bihar Through The Chief Secretary, Government Of Bihar
The District Magistrate, Kaimur At Bhabhua
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
