Dismissed

Girdhari Kumar v. The State Of Bihar and Ors.

Patna HC21 Feb 2019CWJC/11996/2016

Case brief

AI extract

What is this about?

This single-judge court dismissed the writ petition challenging the dismissal of a contractual Executive Assistant. Relying on consistent findings of inefficiency and an inherent admission by the petitioner, the court held that no right accrued from isolated recommendations and refused interference.

What did the court decide?

The writ petition is dismissed with no interference in the removal of the petitioner.

Girdhari Kumar Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 11996 of 2016

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Girdhari Kumar, s/o Mahesh Chandra Prasad resident of Mohalla – Dumduma (behind Zila School), P.O.+P.S.- Laheria Saray, District - Darbhanga

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Additional Mission Director, Bihar Administrative Reform Mission Society, General Administration Department, Bihar, Patna

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The District Collector, Darbhanga.

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The Senior Deputy Collector (Electrict), Darbhanga.

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The Electric Executive Engineer, North Bihar Power Distribution Company Pvt. Ltd., Town Electric Supply Division, Darbhanga

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The Revenue Officer, Electric Supply Division, Darbhanga.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr Sunil Kumar, Advocate For the Respondent/s : Mr Shyam Kishore Sharma, GA I ======================================================

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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

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ORAL JUDGMENT

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Date : 21-02-2019

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Heard learned counsel for the petitioner, State and the North Bihar Power Distribution Company Private Limited.

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2 Pursuant to an advertisement issued by the Bihar Prashasanik Sudhar Mission Society in the year 2013, the petitioner was employed on contractual basis to work as Executive Assistant. In course of performance of his duties, the Authorities found that the petitioner was incapable of coping with the work. The various correspondences issued by the different authorities are to be found in the counter affidavit in Annexures A to E wherein

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Patna High Court CWJC No.11996 of 2016 dt.21-02-2019 2/3

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all have consistently found the petitioner’s work much below the mark. In fact, it is observed that he is not capable of typing either in Hindi or English. Utility of the petitioner as a contractual employee was not found to be worth his retention. Accordingly, the petitioner has been removed.

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3 Learned counsel for the petitioner submits that a sympathetic consideration should be taken in his regard and that, on some occasions, recommendation has been made for his extension of service and that the Establishment Deputy Collector has also given a recommendation in his favour. The two documents relied upon by the petitioner’s counsel are Annexures 5A and Annexure 10.

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4 Such recommendations cannot vest any right in the petitioner since the officials have consistently found his work to be much below the mark and the nature of his employment was contractual. After giving him an opportunity in the matter, the action has been taken against him, therefore, this Court does not consider it appropriate to interfere in the matter. This Court would only observe that in his response to the allegation of inefficiency, as contained in petitioner’s communication (Annexure 4), there is an inherent admission of his inefficiency. Petitioner has tried to

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Patna High Court CWJC No.11996 of 2016 dt.21-02-2019 3/3

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explain his inefficiency by asserting that he was mentally disturbed on account of demise of his mother-in-law.

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5 In the circumstances, the writ petition is devoid of

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merit and the same is dismissed.

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(Madhuresh Prasad, J)

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M.E.H. /-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	26.02.2019
Transmission Date	NA

Girdhari Kumar v. The State Of Bihar and Ors.

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Girdhari Kumar v. The State Of Bihar and Ors.

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