PATNA, India, April 16 -- Patna High Court issued the following judgment on March 16:

1. This Letters Patent Appeal has been filed by Sohan Prasad challenging the order dated 22.01.2025 passed by the learned Single Judge in C.W.J.C. No. 7951 of 2023, whereby the writ petition filed by the appellant was dismissed.

2. The appellant was appointed as a Statistical Assistant on 09.12.2011 and was subsequently posted at Sikta Block in the office of the C.D.P.O. on 20.06.2012. The appointment of the appellant was purely on a contractual basis for a period of one year. However, the contractual engagement was extended from time to time, and the appellant continued to discharge his duties until he was dismissed by the order dated 19.07.2021.

3. It is the case of the appellant that, as per the Circular dated 09.09.2020 issued by the Social Welfare Department, Government of Bihar, contractual employees were to continue in service until they attained the age of 60 years.

However, while the appellant was discharging his duty, he received a show-cause notice dated 05.09.2019, issued by the C.D.P.O., Bagaha-I, alleging certain irregularities in the appointment of Anganwadi Sevika/Sahayika, and the appellant was asked to submit his reply. It is further stated that the appellant was asked by the office to hand over charge to one Shambhu Pandey, Clerk. Subsequently, the appellant received another show-cause notice dated 28.09.2019, to which he submitted his reply.

According to the appellant, the enquiry conducted on the basis of which punishment was imposed was not in accordance with law, and the replies submitted by him to the show-cause notices were not properly considered. Ultimately, the appellant was dismissed from service with effect from 19.07.2021, and the said order was later on confirmed by the Divisional Commissioner, Muzaffarpur, vide order dated 10.04.2023.

4. After issuance of notice, Respondent Nos. 3 to 7 filed a counter affidavit in the writ petition, wherein it has been stated that a written complaint was filed by one Brij Nandan Prasad before the District Magistrate, West Champaran, Bettiah. In the said complaint, it was alleged that the petitioner, along with one Anita Kumari, were indulged in taking bribes/illegal gratification from candidates for the selection of Anganwadi Sevika/Sahayika.

Upon receipt of the complaint, the District Magistrate, West Champaran, directed for an enquiry to be conducted into such allegations. In compliance with the said direction, the Sub-Divisional Officer, Bagaha constituted a fourmember committee of officers to enquire into the allegations levelled against the petitioner.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MyMyODYjMjAyNSMxI04=-k--am1----am1--7TMl1CgM=)

Disclaimer: Curated by HT Syndication.