IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.15928 of 2010
VIJAY KUMAR .
Versus
THE STATE OF BIHAR & ORS .
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2 19.11.2010 Petitioner by this writ application challenges the show
cause notice issued by the Registrar, Patna University ,as contained in
memo no. 1534, dated 27.10.2009 (Annexure 8).By this show cause the
petitioner has been intimated that apparently he was appointed on an
un-sanctioned post of Laboratory in-charge and as such why his
services should not be termiantred . The petitioner states that he has
been duly working for over 25 years and now for the first time such a
notice has been issued. He states that in a case of another of his
colleague , similarly situated ,this Court has held that in CWJC No.
7914 of 2005, which was disposed of on 8.9.2006, that post cannot be
termed to be unsanctioned .When similar notices have been issued to
similar employees they have challenged the same before this Court and
this Court in CWJC No. 18214 of 2009 in which by an interim order
dated 22.4.2010 ,which continue to operate, it has been held that in
consequence to the show notice , no coercive steps should be taken
against the petitioner.
Let State and the University file counter affidavits, so that
the matter may be disposed of at the stage of admission itself.
List this matter for admission along with the records of
CWJC No. 18214 of 2009 before an appropriate bench.
Till further orders of this Court, the consequence of show
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cause notice, as contained in Annexure 8, no coercive step should be
taken against the petitioner.
singh (Navaniti Prasad Singh,J)