Patna High CourtCWJC/2632/2016dismissed

Sunil Kumar v. The State Of Bihar And ORS

2017-11-15Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2632 of 2016 ======================================================

1. Sunil Kumar S/o Purnwasi Singh Resident of village-Bahadur tola, P.O. Hasan Bazar, P.S Piro, District Bhojpur Ara.

.... .... Petitioner/s

Versus

1. The State of Bihar, through District Magistrate, Bhojpur Ara.

2. The District Magistrate, Bhojpur, Ara.

3. The Deputy Collector (Establishment), Bhojpur Ara.

4. Bihar State Food Corporation (BSFC), though its District Manager, Bhojpur Ara.

5. District Manager, Bihar State Food Corporation (BSFC), District Bhojpur Ara.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha, Adv. For the Respondent/s : Mr. R.R.K. Pandey, S.C. 29 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and learned counsel for the State. There is no representation on behalf of the Corporation.

The order of termination impugned at Annexure-8 reflects that the petitioner was appointed on contract basis against the post of Executive Assistant and owing to complaint against his working that his contract was cancelled, vide order bearing Memo No. 140 dated 07.03.2015. The order of termination is dated 07.03.2015 terminating the contract and the petitioner has leisurely approached this Court after almost one year on 08.02.2016. Although learned counsel complains of violation of principles of natural justice by the Establishment Deputy Collector while passing the impugned order dated 7.3.2015 as according to him, the order was passed without notice or opportunity to the

Patna High Court CWJC No.2632 of 2016 (3) dt.15-11-2017 2/2 petitioner to defend himself but considering the nature of appointment and the delayed action of the petitioner in approaching this Court I am not persuaded to grant indulgence. The writ petition is dismissed.

(Jyoti Saran, J) Bibhash U