A Revenue Collector engaged on a purely contractual and temporary basis challenged his termination by writ petition after a delay of eight years. The court held that a contractual employee may be terminated without notice at any time and that the petition suffered from delay and laches; the writ petition was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10137 of 2024
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Dinkar Kumar Jha Son of Late Mahesh Kant Jha Resident of village and P.O.Ghoghardiha Ward No. 9, P.S.- Ghoghardiha, District- Madhubani, working on the post of Revenue Collector, Nagar Panchayat, Ghoghardiha DistrictMadhubani.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Shatrughan Pandey For the Respondent/s : Mr. Standing Counsel 13 ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
2 04-07-2024 The petitioner was posted as a Revenue Collector on
compassionate ground on purely contractual and temporary basis. He was paid a consolidated honorarium of Rs. 5,500/- by issuing a letter dated 6th December 2016 (Annexure P-7), the Contractual Rules of the Bihar was regulated and he was terminated against the order which was passed in 2016. The petitioner filed the instant writ after a lapse of 08 years, therefore, this Court is of the view that the petitioner again claim invocation of extraordinary jurisdiction under Article 226
Patna High Court CWJC No.10137 of 2024(2) dt.04-07-2024 2/2
of the Constitution in the instant, on the ground that a contractual employee can be terminated even without notice at any point by the authority and secondly, the instant writ petition suffers from delay and laches.
(Bibek Chaudhuri, J)
Suraj Dubey/-
U
1 issue framed by the court
Whether a contractual Revenue Collector terminated in 2016 could invoke Article 226 jurisdiction after eight years' delay.
1 provisions across 1 enactments
Dinkar Kumar Jha
The State of Bihar through the Additional Chief Secretary, Panchayati Raj Department
The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar
The Collector, District Madhubani
The Sub Divisional Officer, Phoolparash, District Madhubani
The Executive Officer, Nagar Panchayat, Ghoghardiha
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
