Back
2003 Supreme(Pat) 58
PATNA HIGH COURT
Ravi S.Dhavan and Rajendra Prasad JJ.
Upendra Kumar @ Upendra Kumar Singh
Versus
State Of Bihar
Letters Patent Appeal No. 1289 of 2002 ;
Decided On : JANUARY 16, 2003
Irregularities in the appointment process can justify termination, especially when they are considered part of a larger scam.
Headnote:
Limitation - Appointment Irregularity - Naukari Scam - The court upheld the termination order due to irregularities in the appointment process, which were considered as part of the 'Naukari scam'.
Fact of the Case:
The petitioner's appointment was found to be made in violation of department guidelines, leading to termination.
Finding of the Court:
The court found that the irregularities in the appointment process justified the termination order and declined to interfere with the lower court's decision.
Issues: Validity of appointment process, interpretation of irregularity vs. illegality, petitioner's contention on the nature of the circumstances.
Ratio Decidendi: The court considered the irregularities in the appointment process as part of the 'Naukari scam' and upheld the termination order.
Final Decision: The appeal was dismissed, and the termination order was upheld.
1. The appeal is barred by limitation notwithstanding the Court has heard learned counsel for the petitioner.
2. The manner in which the appointment of the petitioner was made justifies the order of termination. It is accepted by the petitioner that (a) appointment was not made in terms of the guidelines issued by the department of Personnel and Administrative Reforms as a public advertisement had not been issued, (b) the appointments were made without calling for any name from the employment exchange and (c) the appointments were not made from the District Standard Sub-Committee guideline prescribed by the education department of the State.
3. On behalf of the petitioner, it was contended on the writ petition that this circumstance may at best be treated as an irregularity and not an illegality. This seems to be a novel argument as these are the circumstances which go in the making of what is known in the State as Naukari scam.
4. The Court is not inclined to interfere with the order of the learned Judge on the writ petition.
5. Dismissed.
