THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA Vs. UMESHWAR PRASAD S/O JAI PRAKASH SINGH R/O VILLAGE

JUDGEMENT

(1.) The State is in this Intra-Court Appeal against the judgment and order dated 06.10.2009 passed in C.W.J.C. No. 7669 of 2009 (Umeshwar Prasad Vs. The State of Bihar and another). Let it be noted that this judgment is common to over about hundred over analogous cases. The leading case being C.W.J.C. No. 6575/2009 (Om Prakash Vs. State of Bihar and others).

(2.) All these writ petitions related to appointment to various non-gazetted posts in Health Department at district level. The learned Single Judge without examining individual facts of the cases which related to dismissal from service passed a common order holding that the enquiry committee report which affirms their dismissal on the ground of their appointment being illegal was not duly constituted and the petitioners were not heard by the enquiry committee and as such their dismissal could not be upheld.

(3.) We have heard the learned counsel for the State and learned counsel for the writ petitioner who is the respondent herein at length and with their consent we are disposing of this appeal at the stage itself.