Md.Naushad Alam vs The State Of Bihar & Ors on 30 September, 2011

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Patna High Court - Orders

Md.Naushad Alam vs The State Of Bihar & Ors on 30 September, 2011

Bench: V.N. Sinha

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CWJC No.4388 of 2007
               MD.NAUSHAD ALAM, SON OF LATE MD. AQUIL ANSARI, RESIDENT
               OF VILLAGE BARHARA, P.S. BABUBARHI, DISTRICT MADHUBANI.
                                    Versus
             1. THE STATE OF BIHAR, THROUGH SPEAKER LEGISLATIVE
                ASSEMBLY, BIHAR, PATNA.
             2. THE DEPUTY SECRETARY, LEGISLATIVE ASSEMBLY, BIHAR,
                PATNA.
             3. THE ASSISTANT SECRETARY(ESTABLISHMENT), LEGISLATIVE
                ASSEMBLY, BIHAR, PATNA.
                                          -----------

02.   30.09.2011

Heard learned counsel for the petitioner, State and the Bihar Bidhan Sabha.

2. Petitioner at the relevant time served as temporary Class-IV employee in the Bihar Bidhan Sabha. He has filed this writ petition questioning the order bearing Memo No.380 dated 13.03.2007, Annexure-1 whereunder he has been removed from the service of Bihar Bidhan Sabha with effect from 13.03.2003 forenoon. Challenge is made to the aforesaid order dated 13.03.2007 on the ground that the impugned order has been passed without initiating any proceeding against him.

3. With reference to the averments made in the counter affidavit, it is submitted that such statement is wholly false as petitioner remained under unauthorized absence for a long time and application 2 dated 16.12.2002 along with medical certificate of Dr. A.K. Singh dated 14.12.2002 was submitted in response to press publication dated 4.12.2002, Annexure-C to the counter affidavit certifying that petitioner remained ill during the period between 29.12.2000 till 14.12.2002 as he was suffering from bilateral extensive tuberculosis and for the long absence of the petitioner a departmental proceeding was initiated. During the pendency of the proceeding he again disappeared, whereafter press publication dated 9.2.2007 Annexure-2 was issued, in response whereto petitioner again appeared on 22.02.2007 and submitted application along with certificate of Dr. A.K. Singh dated 21.02.2007 in which Dr. Singh certified that petitioner remained ill for the period between 28.12.2000-20.02.2007 with paranoid schizophrenia. In the certificate dated 21.02.2007 Dr. Singh did not certify that petitioner suffered bilateral extensive tuberculosis for the period between 29.12.2000 till 14.12.2002.

4. Considering the falsity of the plea raised by the petitioner in his two application dated 3 16.12.2002, 22.02.2007 read with certificate of Dr. Singh dated 14.12.2002 and 21.02.2007, Annexures-D, 3 Hon'ble Speaker, Bihar Bidhan Sabha proceeded to remove the petitioner from the service under the impugned order dated 13.03.2007, Annexure-1.

5. In view of the facts noted above, I do not find any illegality in the impugned order dated 13.03.2007, Annexure-1. The writ petition is, accordingly, dismissed.

( V.N. Sinha, J.) Rajesh/

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Patna High Court - Orders