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2003 DIGILAW 796 (PAT)

Lipika Mukherjee v. State Of Bihar

2003-08-04

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2003
Judgment 1. The delay in filing the appeal is condoned. 2. This letters patent appeal is against the order dated 1 May, 2003 on CWJC. Nos. 10944, 2833 of 2001 & CWJC. No. 781 of 2002: Shankar Prasad @ Shankar Prasad Goswami & Ors., Lipika Mukherjee and Ambika Paswan & Ors. vs. The State of Bihar & Ors. 3. The petitioner-appellant and others apparently had been appointed as daily wagers by the Katihar Municipality.This was the superseded Municipality at that time. The State Government upon an inquiry found that the appointments were not in order and desired these appointments to be recalled. Accordingly, the persons concerned were given a show cause notice and the appointments had been terminated, 4. The learned Judge has declined to interfere on the writ petitions. The learned judge has also observed that there was no semblance of any modality which inspires confidence in the manner in which the appointments had been made. He has also observed that there was, in fact, no advertisement inviting incumbents to apply and thereafter any selection. 5. One of the petitioners in the three writ petitions has filed the present letters patent appeal. It was submitted before the court that the appointments had been made on the basis of an advertisement. When the court desired to know where exactly was the record of the advertisement as it is not appended to the writ petition, Counsel for the petitioner-appellant pointed out to a pleading that the advertisement was on the notice board. No wonder, the learned judge has dismissed the petition. 6. There is no error in the order dated 1 May, 2003. 7. Dismissed.