A retired police inspector appointed as Inspector of Police (Operation) on a contractual basis challenged his termination, alleging vacant posts existed in the Radio Operations Section. The court held contractual employment confers no civil-post protection or CCA Rules safeguards and dismissed the writ petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10368 of 2024
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Lalan Ram, Son of Late Sukal Ram, Resident of Jyoti Nagar, Bazar Samiti, Gola Road, Danapur, P.O.- Danapur Cantt, P.S.- Danapur, District- Patna.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Sharma, Advocate For the Respondent/s : Mr. Standing Counsel (13) ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
Patna High Court CWJC No.10368 of 2024(2) dt.11-07-2024 2/3
appointed as Inspector of Police (Operation) on contractual basis on condition that his contract may be renewed on the basis of appreciation of his work and, if his work found unsatisfactory, he will be terminated. In his appointment letter, being Annexure-5, it is stated that on the basis of Order No. 10000, dated 10th of July 2015, the petitioner and others were initially appointed on contractual basis for two years or till appointment of permanent employee in the said post subject to the maximum limit of 65 years provided that the service of the contractual employees would be appreciated after one year each. Fact remains that the petitioner was terminated from service w.e.f. 20th of December, 2023.
Patna High Court CWJC No.10368 of 2024(2) dt.11-07-2024 3/3
Department on the date of termination of the petitioner. Therefore, those posts were not filled up and the petitioner is entitled to continue with his contractual service.
(Bibek Chaudhuri, J)
uttam/-
U
1 issue framed by the court
Whether a retired police officer appointed on contract could challenge termination under Article 226 claiming violation of the Bihar CCA Rules.
2 provisions across 2 enactments
Lalan Ram
The State of Bihar through Principal Secretary, Home Department
The Deputy Secretary, Home Department (Police Branch)
The Director General of Police (DGP), Bihar
The Additional Director General of Police (Wireless/Technical Services), Bihar
The Inspector General of Police (Headquarter), Bihar
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
