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1973 Supreme(Pat) 49

N.L.UNTWALIA, S.SARWAR ALI
Sobhana Das Gupta – Appellant
Versus
State Of Bihar – Respondent


Judgment

Sarwar Ali, J.

1. In this application the petitioner prays that the order passed by respondent No. 2, the Director of Public Instruction, Bihar a copy of which is Annexure 2 to the writ application, be called up and quashed. By this order the petitioner is treated as having ceased to be in Government employ under Rule 76 of the Bihar Service Code, 1952 .

2. The relevant facts which are either admitted or have been established during the course of hearing of this writ application may be, briefly, stated. The petitioner was appointed in the year 1949 to Bihar Subordinate Education Service. By an order dated 7-9-1961 she was promoted to Bihar Education Service. Class II and posted as Lady Principal, Womens Training School at Bela-ganj in the district of Gaya. The petitioner was deputed to attend a training course at the Institute of English at Patna. She, accordingly, reported to the said Institute on 3-8-1963. By an order dated 7-12-1963 the petitioner, along with others, was relieved from the Institute and directed to report to the respective Institutions in due course. It may be stated that the petitioner, before her deputation to the Institute aforesaid, was at Sasaram hav























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