Umesh Manjhi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7400 of 2018 ====================================================== Umesh Manjhi S/o Bhuneshwar Manjhi R/o Shivalapar, P.S. Neora, DisttPatna. ... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Secretary, Schedule Caste and Schedule Tribe Welfare Department, Government of Bihar, Block No.4, 2nd floor, behind Sinchai Bhawan, Old Secretariat Campus, Patna. 2.

The Bihar Mahadalit Vikas Mission, Sachivalaya Vistarikaran Bhawan, Old Secretariat, Patna.

3.

The Mission Director, Bihar Mahadalit Vikas Mission, Sachivalaya Vistarikaran Bhawan, Old Secretariat, Patna.

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

For the Petitioner/s :

Ms.Alka Verma, Advocate Ms. Priti, Advocate For the Respondent/s :

Mr.Md. Raishul Haque-SC10 For Respondent Nos. 2 and 3:

Mr. Rakesh Narayan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 27-03-2024 Heard learned counsel for the petitioner, learned counsel for respondent Nos. 2 and 3 and learned counsel for the State.

2. The present writ application has been filed for quashing the impugned order contained in letter No. 1549 dated 06.12.2017 (Annexure-4) passed by the Mission Director, Bihar Mahadalit Vikas Mission by which the petitioner has been terminated from the post of State Project Manager, Bihar Mahadalit Vikas Mission.

3. Learned counsel for the petitioner submits that

Patna High Court CWJC No.7400 of 2018 dt.27-03-2024 2/3 the order of the termination has been challenged which has been passed completely in violation of the rule on which the petitioner was appointed as the termination can be made only after completion of the period and not prior to that.

3. Learned counsel for the Bihar Mahadalit Vikas Mission on the other hand submitted that the appointment of the petitioner was purely contractual in nature and the terms of the contract has been annexed by the petitioner himself as Annexure -1 to the writ petition. As per clause 8 of the contract the appointment can be terminated by the mission by giving the employee one month's notice to the mission in writing or payment of one month's remuneration in lieu thereof. The employee may also terminate his/her appointment by giving one month's notice to the mission in writing or on payment of one month's remuneration in lieu thereof. He further submits that Clause- 4 of the agreement of the contract stipulates that any wrong/insufficient information or misinterpreted fact shall result in termination. He further submits that the co-ordinate bench of this court has decided a similar issue vide order dated 20.09.2022 in CWJC NO 164 of 2018 (Devjani Kar Vs. The State of Bihar and Others) in which has been held that there is no need for any interference in the said order of termination.

Patna High Court CWJC No.7400 of 2018 dt.27-03-2024 3/3

4. In light of the submissions made by the parties, this court is of the firm view that the Bihar Mahadalit Vikas Mission has passed the order completely in accordance with the law. As such, there is no need for any interference and, accordingly, the present writ petition stands disposed off. (Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 29/03/2024 Transmission Date NA