Purnendu Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7548 of 2012 ====================================================== PURNENDU KUMAR JHA S/O Late Lakshmi Kant Jha R/O Vill. Haripur Bakshi, P.S.- Kaluahi, District - Madhubani ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR through the Principal Secretary, Department of Rural Development, Govt. of Bihar, Patna.

2.

The District Rural Development Agency, Darbhanga Through Deputy Development Commissioner, Darbhanga 3.

The Collector, Darbhanga 4.

The Deputy Development Commissioner-Cum-Chief Executive Officer, Darbhanga 5.

The Bihar Rural Development Society Through Secretary, Govt. Of Bihar, Patna 6.

The All India Council For Technical Education, New Delhi 7.

The Indira Gandhi National Open University, New Delhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sri Niwas Jha, Advocate For the Respondent/s :

Mr.Manoj Kumar Yadav, A.C. to G.A.-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 08-02-2024 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

2. The present writ application has been filed for directing the respondents to pay up-to-date salary from 06.09.2010.

3. Learned counsel for the petitioner submits that pursuant to advertisement, the petitioner was appointed under the Programme Officer in the office of DRDA, Darbhanga. Thereafter, the petitioner has joined on the post in question on 06.09.2010.

Patna High Court CWJC No.7548 of 2012 dt.08-02-2024 2/2 Learned counsel for the petitioner submits that since 06.09.2010 the petitioner is working regularly in the office of Darbhanga but he has not produced any certificate of the authority concerned which suggests that he is working since 06.09.2010.

4. Learned counsel for the State has filed a detailed counter affidavit long back in the year 2013 itself in which he has annexed Annexure-A to the counter affidavit by which the petitioner has been removed from his service on the post in question since long back in the year 2009 itself and the petitioner has never challenged the order dated 14.09.2012 by which the petitioner has been terminated from the post in question.

5. Considering the aforesaid facts, the respondent authority has rightly removed the petitioner from his service by passing a reasoned order and the petitioner had not chosen to challenge the same before any Forum or this Court or even in the present proceeding.

6. There is no merit in this writ application. Accordingly, it is dismissed.

(Rajesh Kumar Verma, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.02.2024 Transmission Date NA