JUDGMENT : Amreshwar Pratap Sahi, J. Heard learned counsel for the appellants and the learned counsel for the State. 2. The engagement of the appellants as Kisan Salahkars came to be terminated vide order dated 10th of July, 2016 communicated by the District Agriculture Officer, Vaishali upon the approval of the District Magistrate. 3. The contention of the learned counsel is that the termination has resulted on account of the lodging of an F.I.R. on the basis of a report which does not contain any material. A copy of the information, which refers to an enquiry having been conducted and having been made the basis for lodging an F.I.R. dated 26.05.2016, is on record. The same alleges that with the connivance of certain officials as well as the appellants and other similarly situate persons, several crores of Government funds have been diverted and misappropriated. 4. It is undisputed that an F.I.R. has been lodged. There is nothing on record to indicate as to what has been the outcome of the investigation or even filing of the police report under Section 173(2) of the Cr.P.C. The fact, however, remains that the services of the appellants and their engagement as Kisan Salahkars, which was on contractual basis, has been dispensed with. There are guidelines framed for the engagement of Kisan Salahkars as well as separate guidelines of selection. The guidelines have been filed as Annexure-1 to the writ petition whereas the guidelines of selection have been filed by the respondents as Annexue-C to the counter affidavit. Learned counsel urges that the impugned order having been passed by the District Agriculture Officer is without authority in law inasmuch as it is only the District Magistrate, who could have passed the orders. 5.
Learned counsel urges that the impugned order having been passed by the District Agriculture Officer is without authority in law inasmuch as it is only the District Magistrate, who could have passed the orders. 5. We have perused Clause-11 of the Guidelines and Clause-17 of the Selection Guidelines which are extracted here-in-under :- ^^11- fu;kstu@p;u dk fujLrhdj.k&fo”k; oLrq fo’ks”kK ,ao fdlku lykgdkj ds p;u dks ftyk inkf/kdkjh }kjk fdlh Hkh le; lekIr fd;k tk ldrk gS A ,sls fdlh Hkh ÁLrko dks ftyk d`f”k inkf/kdkjh ds }kjk ftyk inkf/kdkjh dh lgefr ds fy, lHkh lk{; lfgr miLFkkfir fd;k tk;sxk A ftyk inkf/kdkjh dh lgefr ds mijkUr fuxZr lHkh fujLrhdj.k lacaf/kr vkns’k vafre vkns’k gksaxs A ¼d½ fdlku lykgdkj dk p;u fuEu dkj.kksa ls lekIr fd;k tk ldrk gS%& ;fn ;g Áekf.kr gks tk; fd fdlku lykgdkj ,d iw.kZdkfyd fdlku ugha ;k d`f”k ds vfrfjDr dksbZ vU; dk;Z djrs gSa ;k mUgksaus d`f”k dk;Z djuk NksM+ fn;k gS A ;fn os yxkrkj rhu eghuksa rd Mh xzsM ÁkIr fd;s gSa A muds }kjk vkosnu i= esa fn;k x;k lwpuk vlR; Ákekf.kr gks A ;fn og vuq’kklughu gksa ,ao bl laca/k esa fo”k; oLrq fo’ks”kK vFkok Á[kaM d`f”k inkf/kdkjh vFkok vuqeaMy d`f”k inkf/kdkjh vFkok ftyk d`f”k inkf/kdkjh vFkok la;qDr d`f”k funs’kd ds }kjk bldh tkWap }kjk iqf”V gks tk, A ftl Lrj ds inkf/kdkjh vuq’kklughurk dk vkjksi yxk;saxs mlds ,d Lrj mij ds vf/kdkjh tkWap djsaxs A ;fn os lkoZtfud fgr dks tkucw>dj {kfr igWapkrs gksa A ;fn os fcuk vuqefr ds dRrZO; ls yxkrkj 15 fnu rd vuqifLFkr gks A Áf’k{k.k dks lQyrkiwoZd iwjk ugha fd;k gS A d`f”k dks NksM+dj dksbZ vU; dk;Z ;Fkk vfHkdRrkZ] nqdku vkfn dk dk;Z djrs gksa A** ------------------------------------------------ ^^17- fdlku lykgdkjksa ds dk;ksZa ds ekfld vuqJo.k fd;k tk;sxk A vuqJo.k ds nkSjku ftu fdlku lykgdkjksa dk fu/kkZfjr dk;Z lUrks”kÁn ugha ik;k tk;sxk] ,oa tks fdlku lykgdkj ljdkjh fu;eksa ds foijhr xfrfof/k esa ‘kkfey gksaxs ;Fkk & gM+rky esa lafyIr jguk] LFkkuh; jktuhfr dk LFkkuh; jktuhfr dk inkf/kdkjh ds mij ncko Mkyk] LFkkuh; jktuhfr esa lafyIr jguk] xyr lwpuk nsuk bR;kfn dk;ksZa esa lafyIr jgrs gSa rks mu fdlku lykgdkjksa dks Hkh lacaf/kr ftyk d`f”k inkf/kdkjh@vuqeaMy d`f”k inkf/kdkjh@ftyk uksMy inkf/kdkjh ds vuq’kalk ij p;u eqDr djus dk vf/kdkjh lacaf/kr ftyk inkf/kdkjh dks gksxk A** 6.
A perusal thereof would demonstrate that the contractual services can be terminated in the event they are found to be unsatisfactory and the selection guidelines in Clause-15 further provide that the contractual services are not equal to the status of a Government service. The engagement is on honorarium basis and for a particular contractual year. It appears that on having received information of the alleged misappropriation of funds, the first information report had been lodged. In the absence of any evidence to the contrary, the reason for taking such a step cannot be said to be arbitrary inasmuch as involvement in a criminal case of financial irregularity resulting in a substantial financial indiscipline involving crores of rupees cannot be said to be something which is insignificant for the purpose of taking such a drastic action. 7. Since we are not aware of the outcome of the criminal investigation and the learned counsel for the appellants prays that the appellants may be permitted to pursue their remedy of appeal as per Clause-18 of the Selection Guidelines before the Divisional Joint Director, we provide that in the event the appellants choose to prefer an appeal within ten days from today, the appeal shall be disposed of on its own merits, without being influenced by the observations made by the learned Single Judge. Appeal stands disposed of.