High Court Patna High Court - Orders

Md.Zafeer Ahmad vs The State Of Bihar &Amp; Ors on 26 August, 2010

Patna High Court – Orders
Md.Zafeer Ahmad vs The State Of Bihar &Amp; Ors on 26 August, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                          CWJC No.7610 of 2005
                   MD.ZAFEER AHMAD, Sarh Sewak, Kritrim Garbadhan Kendra,
                   Raxaul, East Champaran, son of Md. Jamil Ahmad, resident of village -
                   Jaitia, P O - Jaitia, P S - Goah, District - Aurangabad.
                                                      Versus
                   1. THE STATE OF BIHAR.
                   2. The Commissioner cum Secretary, Veterinary Department, Bihar,
                        Patna.
                   3. The Regional Director, Veterinary Department, North Bihar Zone,
                        Muzaffarpur.
                   4. The District Animal Husbandry Officer, East Champaran, Motihari.
                   5. The Mobile Veterinary            Officer, Check Post Raxaul, East
                        Champaran.
                                                  -----------

3 26.08.2010 Heard learned counsel for the petitioner and the State.

Vide order contained in Annexure-7 the petitioner has been

dismissed on the ground that his appointment was illegal made by the

Regional Deputy Director, Animal Husbandry, who did not have the

authority.

This Court is not impressed by the fine distinction sought to

be made with regard to the case of the present petitioner and the case

which came to be decided by the Hon`ble Supreme Court in the case of

State of Bihar v. Upendra Narayan Singh and others, (2009) 5 SCC

65. The issue has been squarely answered by the Supreme Court.

In view of the same the writ of the petitioner is hereby

dismissed.

rkp                                           ( Ajay Kumar Tripathi, J.)