Dhananjay Kumar vs The State of Bihar and Others

R.M. Doshit, C.J.—Feeling aggrieved by the judgment and order dated 27th July, 2011 passed in above CWJC No. 12076 of 2011, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. It appears that the appellant was appointed as Peon-cum-Night Guard on the contractual basis. In view of criminal complaint made against the appellant in respect of offence punishable under Sections 457 and 380 of the Indian Penal Code the contractual employment of the appellant has been terminated.

The challenge to the termination of contract has been rejected by the learned Single Judge. Therefore, the present Appeal.

We see no case for interference.

Learned Advocate Mr. Alim Jang Khan has appeared for the appellant. He has submitted that since the decision of the learned Single Judge the appellant has been acquitted in the criminal case.

If that be so, the appellant may make representation to the District Magistrate, Patna for reinstatement in service. If such representation is made the same will be decided in accordance with law within six weeks from the date of the receipt of the representation. The decision of the District Magistrate will be binding to the appellant. In the event the representation is rejected, it will not give a fresh cause of action. Subject to the above observation the Appeal is dismissed.