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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Review Petition No.528/2010 in WP(C)No.5779/2002

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Date of Decision: 11.03.2011

KASHI NATH ROY

…. PETITIONER

Through Mr.Brajkishore Mishra and Mr.Ujjwal

K.Jha, Advocates

VERSUS

STATE OF BIHAR THR. JOINT SECRETARY & ORS. ….RESPONDENTS

Through

Mr.Abhishek Kumar and Mr.Sidharth

Shankar Ray, Advocates for R-1.

Mr.P.H.Parekh, Sr.Advocate with

Mr.Ajay Kumar Jha, Mr.Vishal Prasad

and Ms.Pallavi Sharma, Advocates for

R 2 & 3.

CORAM:

HON’BLE MR. JUSTICE ANIL KUMAR

HON’BLE MR. JUSTICE MOOL CHAND GARG

1.

Whether reporters of Local papers may be

allowed to see the judgment?

2.

To be referred to the reporter or not?

3.

Whether the judgment should be reported in

the Digest?

MOOL CHAND GARG, J.

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CM Nos. 21717/2010 and 21718/2010

Delay in filing and refilling is condoned.

Applications are allowed and disposed of.

Review Petition No.528/2010 in WP(C)No.5779/2002

1. Vide judgment dated 06.05.2010 we have dismissed the writ

petition filed by the petitioner, which was originally filed before the High

Court of Judicature at Patna under Article 226/227 of the Constitution

of India but which was transferred to this Court under the orders of

Hon‟ble Supreme Court dated 08.04.2002.

2011:DHC:1501-DB

2. The said writ petition was filed by the petitioner against the

decision dated 28-29.06.1996 of the Standing Committee of the Patna

High Court recommending „removal‟ of the petitioner from the services

of the Bihar State Superior Judicial service with immediate effect, as

also against notification No.11851 dated 02.11.1996 issued by the State

of Bihar after accepting the recommendations of the Standing

Committee issued under Rule 3(vii) of the Patna High Court Rules 1916

in accordance with the provisions contained under Article 235 of the

Constitution of India.

3. The Standing Committee of the Patna High Court, having found

the petitioner guilty of various charges for which a full-fledged

departmental enquiry was conducted and after the issuance of show

cause notice to the petitioner and after taking note of his submissions,

took a decision to recommend his removal from service with immediate

effect on 28-29.06.1996 and thereafter, the Registrar General

communicated this decision to the State Government vide letter dated

02.07.1996 for necessary approval of the Governor of the State. It is

not in dispute that on that day i.e. on the day when the decision was

taken to remove the petitioner from service, the petitioner was in

service.

4. The said recommendation of the Standing Committee was then

referred to the Governor of State of Bihar who had been pleased to

accept those recommendations and issued notification No. 11851 dated

02.11.1996. We have dismissed the writ petition filed against the

aforesaid order of the Standings Committee and the notification

No.11851 dated 02.11.1996 vide impugned order dated 06.06.2010.

The said order was challenged by the petitioner before the Hon‟ble

Supreme Court, where the following order has been passed:-

“Counsel appearing for the petitioner seeks permission

to withdraw this petition due to the fact that one of the

issues which was raised before the High Court relating

to the alleged cessation of the relationship of masters

2011:DHC:1501-DB

and servants between the employer and employee even

prior to passing of the impugned order of punishment

was not dealt with and decided by the High Court and

therefore, to obtain a decision on the same a review

application is being filed. Review Application on the

said issue could be filed before the High Court as it

does not appear from the order passed by the High

Court that the same was considered and dealt with. If

at a later stage the petitioner is to approach this

Court, all issues as may be available to him in

accordance with law could be raised.

Prayer to withdraw this special leave petitio