Abhishek Kumar vs State Of Bihar And Ors

Heard Mr. Rakesh Prabhat, learned Advocate for the petitioner and Mr. Madanjeet Kumar, learned counsel for the State.

The services of the petitioner has been terminated by order dated 14.08.2020, contained in Memo No. 568, which has been issued under the

signature of District Education Officer, Bhojpur at Ara (respondent No. 5).

The petitioner was arrested on 05.08.2020 for having consumed liquor despite prohibition in the State of Bihar and remained in custody from

06.08.2020 till 14.08.2020. On this ground alone, the service of the petitioner was terminated with immediate effect by the order which has been

impugned in the present petition.

Learned counsel for the petitioner submits that in terms of the agreement, the services of the petitioner could have been terminated only after giving

him one months notice or one month’s salary, but not otherwise.

The petitioner has not been served with any notice before terminating his engagement.

It has further been submitted that the forensic report is in favour of the petitioner. No ethyl alcohol, which is the intoxicating ingredient of all

alcoholic beverages, was detected in the sample which was collected from the petitioner.

Considering the afore-noted aspects of the matter, this Court is constrained to set aside the order of termination dated 14.08.2020 (Annexure-3).

The respondents are directed to give a notice to the petitioner or give him one month’s salary in advance and, thereafter, take a decision with

respect to termination of his service.

With the aforesaid observation/direction, the writ petition stands allowed.