Petitioner sought quashing of an enquiry committee judgment holding his late father's appointment illegal, after his own compassionate appointment. The State opposed. The High Court heard counsel but issued no reasoned finding, simply disposing of the writ petition.
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 Civil Writ Jurisdiction Case No.5412 of 2012
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Munna Kumar Jha Son of Late Parmanand Jha, Resident of Village and P.O.Bahadurpur Dekauli, P.S.-Bahadurpur, District- Darbhanga.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Shanti Pratap, Advocate For the Respondent/s : Mr. Kumar Alok, SC-7 Mr. Satyeshwar Prasad, AC to SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
Heard the learned counsel for the petitioner and
the learned counsel appearing on behalf of the State.
Patna High Court CWJC No.5412 of 2012(3) dt.30-01-2024 2/5
post issued under the signature of the respondent authority. In the year 1997, the father of the petitioner was issued a show cause notice vide Memo No. 223(23) dated 03.06.1997 issued by the respondent no. 3, directing him to explain as to why his appointment be not cancelled with effect from the date of his joining. The father of the petitioner submitted his show cause reply well within time. Thereafter, the respondent no. 6 vide his letter no. 341, dated 12.02.1998 has submitted his report stating therein that the appointment of the father of the petitioner was legal and valid. Again, in the year 2002, the father of the petitioner was served another show cause notice vide Memo No. 2099, dated 26.06.2002 issued under the signature of the respondent no. 6., in light of the letter No. 173, dated 29.01.2002 issued by respondent no. 4, by which the appointment of the petitioner was prima facie declared as illegal appointment. The respondent authority, without considering the points raised by the father of the petitioner in his show cause reply, issued an order vide Memo No. 3843 dated 27.11.2002 issued under the signature of the respondent no. 6, by which the service of the father of the petitioner was terminated with immediate effect on the ground of illegal and irregular appointment. The father of the petitioner approached
Patna High Court CWJC No.5412 of 2012(3) dt.30-01-2024 3/5
the Hon’ble Court by way of filing C.W.J.C. No. 3397 of 2003. The said writ petition was finally heard and disposed of vide order dated 08.09.2003 along with analogus cases and the order of the termination of the father of the petitioner was set aside and he was directed to be reinstated in service. Thereafter, the State of Bihar filed an LPA No. 246 of 2004 against the order dated 08.09.2003 passed by the learned single judge in C.W.J.C. No. 3397 of 2003. The said LPA No. 246 of 2004 was heard along with LPA No. 946 of 2003 and the same was disposed of by a common judgment and order dated 26.06.2006, directing the authorities of the Health Department, Government of Bihar to consider the case of all the aforesaid employees with a view to find out, on the basis of relevant facts and law as settled by the Constitution Bench in case of Secretary , State of Karnataka Vs. Uma Devi .
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State Government categorizing the appointment of father of the petitioner as illegal appointment on the ground that the appointment has not been made by the competent authority.
Patna High Court CWJC No.5412 of 2012(3) dt.30-01-2024 5/5
illegal, then there is no question of appointment of the petitioner on the basis of compassionate ground. The authorities have rightly rejected the claim of the petitioner and there is no merit in this petition.
(Rajesh Kumar Verma, J)
Shahnawaz/-
U T
Munna Kumar Jha
The State of Bihar
The Principal Secretary, Health Department, Government of Bihar
The Director-In-Chief, Health Services, Government of Bihar
The Commissioner, Darbhanga Division
The Regional Deputy Director, Health Services, Darbhanga Division
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
