The High Court dismissed an appeal challenging the termination of the appellant's contractual service and the rejection of a writ petition to set aside the termination order. The court upheld the lower court's decision as there was no merit in the appeal.
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.1 of 2022 In
Civil Writ Jurisdiction Case No.13648 of 2021
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Raj Kumar S/o Anil Kumar Sahni R/o Juran Chhapra Lane No. 4, P.O. - M.I.T., P.S.- Brahmpura, District - Muzaffarpur.
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance : For the Appellant/s : Mr.Manoj Kumar Manoj, Adv. For the Respondent/s : Mr. Sanjay Prasad, AC to AAG4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 20-12-2022
Heard Mr. Manoj Kumar Manoj, learned
advocate for the appellant and Mr. Sanjay Prasad for the State.
Patna High Court L.P.A No.1 of 2022 dt.20-12-2022 2/3
The appellant was appointed on contractual basis and his service was to continue till 27.11.2019.
It appears from the records that the appellant absented himself without any reason for two days i.e. on 16.07.2019 and 17.07.2019 whereafter he submitted his resignation on 22.07.2019.
The appellant appears to have withdrawn his resignation on 25.07.2019.
The impugned order rejecting the prayer of the appellant for issuing a writ for setting aside the order dated 16.06.2021 passed by the Development Commissioner cum Chairman cum Appellate Authority as also the order dated 02.11.2020 passed by the Chief General Manager, Bihar Vikas Mission, Patna terminating the services of the appellant does not require any interference and the learned Single Judge has rightly dismissed the writ petition.
We further find that the learned Single Judge has directed the respondents to calculate the arrears of pay of
Patna High Court L.P.A No.1 of 2022 dt.20-12-2022 3/3
the appellant till 27.11.2019, till which date, the contract
with the appellant subsisted and to disburse the same to
the appellant within a period of two months. Nothing could
be directed otherwise.
There is no merit in this appeal.
The appeal is dismissed.
(Ashutosh Kumar, J)
( Nawneet Kumar Pandey, J)
rishi/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 06.01.2023 |
| Transmission Date |
1 issue framed by the court
Whether the termination of the appellant's contractual service needs interference in the absence of any procedural lapse?
Raj Kumar S/o Anil Kumar Sahni
The State of Bihar Represented through the Principal Secretary, Planning and Development Department, Bihar
Ashutosh Kumar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
