High Court Patna High Court - Orders

Vijay Kumar vs The State Of Bihar &Amp; Ors on 19 November, 2010

Patna High Court – Orders
Vijay Kumar vs The State Of Bihar &Amp; Ors on 19 November, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CWJC No.15928 of 2010
                                     VIJAY KUMAR .
                                           Versus
                              THE STATE OF BIHAR & ORS .
                                         -----------

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)