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2005 Supreme(Pat) 109

BARIN GHOSH
Nawal Kishore Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the parties.

2. The petitioner was working as Dalpati. In view of the decision of the Government in 1990 he became a Government employee. Having become a Government employee, the petitioner could not be removed from the service without taking steps as are required to be taken for removal of a Government employee. In the instant case, such removal can only be effected by initiating a disciplinary proceeding against the petitioner and by concluding that disciplinary proceeding in accordance with law after following the requirements of natural justice.

3. In the instant case, it has been contended in the counter affidavit that the services of the petitioner were terminated on 31st July, 1992 and thereupon purported show cause notice was issued. It has not been contended that steps were taken for issuance of show cause notice for the purpose of initiating disciplinary proceeding and that such proceeding was concluded in accordance with law and after following the principles of natural justice. In any event, question of initiation of disciplinary proceeding after issuing order of termination does not arise at all. It is true that the order of termina


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