The Court dismissed a writ application seeking relief against the termination of the petitioner's contractual appointment, holding that the remedy lies in a civil court not under Article 226.
Writ application is dismissed with direction to invoke civil court jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.843 of 2013
====================================================== 1. Dr. Anjani Kumar Son Of Late Kaldeo Singh Resident Of Mohalla - New Area, Piparpanti, P.S. - Kotwali, District - Gaya .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Director, Agriculture Department, Government of Bihar, Patna 3. The Joint Director of Agriculture, Magadha Division, Gaya 4. The District Agriculture Officer, Gaya 5. The District Magistrate, Gaya .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shambhu Nath For the Respondent/s : Mr. Kaushal Kr. Jha, AAG 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 9 02-01-2014 It is a question of termination of contract of the petitioner, who was appointed on the post on contractual basis. Even if the argument of the petitioner is accepted that there was violation of the terms and conditions of the contract and the order passed per se may be arbitrary, the relief for the petitioner is under common law and not under Article 226 of the Constitution of India. The writ application is dismissed.
Let the petitioner invoke the jurisdiction of a civil court if he would like to assail such a decision.
(Ajay Kumar Tripathi, J)
sk
1 issue framed by the court
Whether a writ under Article 226 of the Constitution is maintainable for challenging termination of a contractual appointment.
2 provisions across 2 enactments
Dr. Anjani Kumar Son Of Late Kaldeo Singh
The State Of Bihar
The Director, Agriculture Department, Government of Bihar, Patna
The Joint Director of Agriculture, Magadha Division, Gaya
The District Agriculture Officer, Gaya
The District Magistrate, Gaya
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
