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1970 Supreme(Pat) 22

U.N.SINHA, KANHAIYAJI
PARMESHWAR SINGH @ PARMESHWAR – Appellant
Versus
STATE Of BIHAR – Respondent


Advocates:
Advocate Appeared:
Devendra Prasad Sharma, Kamla Prasad Roy and Binod Kumar Roy for the Petitioner;
Yadunath Sharan Singh and Tarakant Jha (Standing Counsel No.2) for the Respondents.

JUDGMENT

The petitioner of this writ application has prayed that an order dated the 17th April, 1968 incorporated In Annexure 1, may be quashed and the petitioner be paid his salary, including allowances, for the period from the 1st June, 1967 to the 18th April, 1968.

2. The relevant facts stated in the application are as follows: It is stated that the petitioner had been appointed as a temporary work charged Choukidar by an order dated the 19th April, 1965 (copy of which has been appended as Annexure 3 to the supplementary affidavit filed by the petitioner) and since then the petitioner had been working in that post. It is alleged that all of a sudden his services were terminated on the 17th April, 1968. with retrospective effect from the 1st October, 1967. This is the impugned order incorporated in Annexure 1. According to the petitioner, the reasons given in Annexure 1 were erroneous as the petitioner had never absented himself from duty and the petitioner had never been given any notice or warning to that effect. It is alleged that the order dated the 17th April, 1968 had been served on the petitioner on the 18th April, 1968 and that order having been passed by the Chief Enginee






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