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Patna High Court · body

2005 DIGILAW 99 (PAT)

Deo Krishna Dinkar v. State

2005-02-01

V.N.SINHA

body2005
Judgment 1. Heard. 2. Petitioner, who is a class-4 employee serving in the office of the Regional Director, Animal Husbandry Department, Central Range, Patna, has filed this application for setting aside the order dated 11.1.1999, annexure-15, whereunder his appointment as a class-4 employee has been terminated on the ground that the same was made by the Regional Director, who had no authority to make appointment on class-4 post. 3. Learned counsel for the petitioner has assailed the impugned order dated 11.1.1999, annexure-15, on the ground that until 28.10.1991 the Regional Director of the Animal Husbandry Department had the powers to make appointment on class-4 post as there was a valid delegation in his favour by the competent authority. In this connection, he has referred to the circular of the Animal Husbandry Department itself issued by the Secretary of the said department bearing No. 6147 dated 1.11.1996, annexure-11, whereunder instructions were issued only to terminate those class-4 employees, who were appointed by the Regional Director after 28.10.1991 and not before that date. 4. Learned counsel for the State-respondents does not dispute the aforesaid position as he has candidly admitted in paragraph 5 of the counter-affidavit that on 31.3.1991, the date on which the petitioner was appointed as class-4 employee by the Regional Director the Regional Director was vested with jurisdiction to make such appointment. 5. Considering the delegation made in favour of the Regional Director until 28.10.1991 this court in several cases has set aside the termination order made on the ground that the Regional Deputy Director had powers to make such appointments of the employees until 28.10.1991 one such order is placed on record of this case by filing supplementary-affidavit which is dated 6.7.2000 passed in L.P.A. No. 325/2000, annexure-18. 6. As the Regional Deputy Director had the power to make appointment on class-4 post on 31.3.1991 the termination of the services of the petitioner under order dated 11.1.1999, annexure-15, is not in accordance with law and is, accordingly, set aside with direction to reinstate the petitioner with all consequential benefits. No cost.