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2007 Supreme(Pat) 80

J.N.BHATT, S.K.SINHA
Ashutosh Kumar – Appellant
Versus
State Of Bihar – Respondent


Judgment

J.N.Bhatt, J.

1. In this group of 23 Letters Patent Appeals under Clause 10 of the Letters Patent common questions of law and facts are involved. Therefore, upon joint request of learned counsel for the parties the matters were heard together and, now, they are being disposed of, simultaneously, by this common judgment.

2. Learned counsel for the parties have been heard. The factual matrix has been examined. In one of the Letters Patent Appeals, the challenge is made by the private party whereas, in remaining 22 Letters Patent Appeals the challenge is at the instance of the State Government.

3. With a view to appreciating the merits and the proposition, let at this stage first be factual projections which are relevant and material for the purpose of adjudication of this group of appeals.

4. In Letters Patent Appeal No. 798 of 2005 at the instance of the private party against the State of Bihar arising out of C.W.J.C. No. 6852 of 2003 the order of termination from service of the appellant, original writ petitioner is upheld and converse is the situation in remaining appeals.

5. The original writ petitioners came to be appointed to the post belonging to Class III and Class IV

















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