Arun Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12714 of 2015 ======================================================

1. Arun Kumar, son of Sri Suresh Prasad, resident of Village Dangara Ahar, P.S.+Dist. Arwal.

2. Kumar Alok, son of Sri Ramchandra Prasad, resident of Village Sakari Chowki, P.S.+Dist. Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Joint Secretary, General Administration Department, Government of Bihar, Patna.

2. The Additional Director of Mission, Bihar Administrative Reforms Missions, Society General Administration Department, Government of Bihar, Patna.

3. The Commissioner, Magadh Commissionaire, Gaya.

4. The District Magistrate, Arwal.

5. The District Nazarat Deputy Collector, Arwal.

6. The Circle Officer, Arwal.

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

For the Petitioner/s : None For the Respondent/s : Mr. Amar Nath Deo ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 20-08-2015 No one appears for the petitioner. Learned counsel for the State is present.

From bare perusal of the writ application, this Court would find that the petitioners have come out to assail an order dated 18.9.2012 by filing this writ application on 14.8.2015. There is no explanation whatsoever for assailing the aforesaid order after a period of almost three years. That apart, this Court would find that the petitioners were holding the post of Executive Assistant/I.T. Assistant on contract basis and if their services were not found to be satisfactory, such order of termination, passed on

Patna High Court CWJC No.12714 of 2015 (2) dt.20-08-2015 18.9.2012, cannot be faulted either on fact or in law. The only ground now being sought to be developed that subsequently in the criminal case the petitioners had got bail by this Court can never be a ground for assailing the order of their termination which, as noted above, was out and out a contractual appointment for a fixed tenure.

That being so, this application must fail and is, accordingly, dismissed.

(Mihir Kumar Jha, J) Rishi/- U