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2007 DIGILAW 1880 (PAT)

Chandra Kant Singh v. State Of Bihar

2007-12-11

V.N.SINHA

body2007
Judgment V.N.Sinha, J. 1. Heard learned counsel for the petitioner and the State. 2. Petitioner has filed this writ application assailing the office order, bearing Memo No. 641 dated 22.2.1997, Annexure-12, whereunder for his failure to produce the original appointment letter, his appointment in the Directorate of Land Acquisition and Rehabilitation Department of Water Resources, Government of Bihar on the post of clerk has been terminated. 3. Learned counsel for the petitioner states that while passing the aforesaid order, Annexure-12, his reply dated 20.12.1996, Annexure-11 setting out the reasons for not producing the appointment letter before the authorities was not considered. Later, when the petitioner could trace out his appointment letter, he produced the same before this Court by filing rejoinder affidavit annexing his appointment letter, bearing office order No. 246 dated 20.9.1986, Annexure-13, which appointment letter, according to the counsel for the petitioner, is genuine and those who had produced genuine appointment letter in compliance to the notice issued by the Department like Sunil Kumar Singh and others have been allowed to serve the department and Sunil Kumar Singh is presently serving in the office of Water Resources Department in the State of Jharkhand after bifurcation of the State. 4. Petitioners services was terminated under impugned order dated 22.2.1997, Annexure-12 on the ground that he could not produce the original appointment letter. In the circumstances, as the petitioner has now produced the original appointment letter dated 20.9.1986, Annexure-13, the same be produced before the Director, Land Acquisition and Rehabilitation of the Water Resources Department and the Department should take a view about the genuineness of the said appointment letter and if it is found that the said appointment letter dated 20.9.1986 produced by the petitioner is genuine then he be treated by the department in the same manner in which other similarly situate persons have been dealt with. Appropriate orders considering the genuineness and other relevant factors about the appointment letter of the petitioner be passed as early as possible, in any case within three months from the date of receipt/production of a copy of this order. 5. This application is, accordingly, disposed of.