The court allowed condonation of delay in filing an appeal. Subsequently, dismissing the appeal, the court held that appointments without following due procedure cannot be protected, meaning the committee's finding against a forged appointment was not arbitrary.
Condonation of delay allowed; Letters Patent Appeal dismissed.
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
Letters Patent Appeal No.496 of 2015
Arising out of
Civil Writ Jurisdiction Case No. 17619 of 2009
=========================================================== Kamal Prasad Yadav, son of Late Bhola Yadav, Resident of Village - Mahulia, P.O. Tilath, P.S - Phulparas, Distt - Madhubani
.... .... Appellant/s
Versus
.... .... Respondent/s
=========================================================== Appearance :
For the Appellant/s : Mr. Prafull Chandra Jha, Advocate For the Respondent/s : Ms. Nivedita Nirvikar, Advocate.
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 21-06-2016
Re.: Interlocutory Application No. 2195 of 2015
The application is for condonation of delay of 55 days
in filing of the appeal.
For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, the delay of 55 days in filing of the appeal is condoned.
Interlocutory Application stands disposed of.
Patna High Court LPA No.496 of 2015 dt.21-06-2016
2/3
Re.: Letters Patent Appeal No. 496 of 2015
The present Letters Patent Appeal is directed against an order dated 11.11.2014 passed by the learned single Bench in C.W.J.C. No. 17619 of 2009, whereby the challenge to the termination of services of the appellant remained unsuccessful.
The appellant was initially appointed as Basic Health Worker. His services were terminated on 26.06.2001 for the reason that his initial appointment itself is forged and illegal.
Later, in pursuance of the directions of this Court, a committee was appointed to examine the appointments to the post of Basic Health Workers made by the State Government. The committee gave a report on 31.12.2008. It was found that the appointment of the appellant was forged and illegal.
The appellant filed a writ petition challenging the finding of the Committee. The learned single Bench found that there is no assertion on behalf of the appellant that he was selected after following procedure for appointment to a public post. It was also noticed that even the appointment letter was not produced on record. The learned single Bench found that there is no material to hold that the findings recorded by the committee are erroneous.
The question as to whether any person can be appointed without following the due procedure for public employment has been
Patna High Court LPA No.496 of 2015 dt.21-06-2016
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examined by a Full Bench of this Court in a judgment in the case of Ram Sevak Yadav vs. The State of Bihar reported as 2013(1) PLJR 964 . It has been held that appointments made without following any procedure for public employment cannot be protected. Since the appointment of the appellant was not as per the procedure meant for appointment to the public post, therefore, the finding recorded by the enquiry committee constituted under the order of this Court cannot be said to be arbitrary and illegal which may warrant interference in the present Letters Patent Appeal.
Consequently, the appeal stands dismissed.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
Sujit/P.Kumar
U
3 issues framed by the court
Whether an interlocutory application seeking condonation of delay of 55 days should be allowed or dismissed.
Whether the termination of an appellant as a Basic Health Worker for forged illegal appointment can be successfully challenged in an appeal.
Whether the finding of a committee appointing without following due procedure constitutes a ground for interference.
Colour shows how this judgement treated each authority
Ram Sevak Yadav vs. The State of BiharReferred¶33
2013(1) PLJR 964
Kamal Prasad Yadav
The State of Bihar
The Principal Secretary, Department of Health
The Director - In - Chief, Health Services
The Regional Deputy Director, Health Services
The Civil Surgeon - Cum - Chief Medical Officer
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
