Amareshwar Sahay, J. - (1.) IN this writ petition the petitioner has prayed for quashing the order dated 28/05/2005, contained in Annexure -7 to this writ petition, issued under the signature of the Project Officer, whereby he has been dismissed from service alter holding a departmental enquiry, as also the communication dated 11/05/2006, contained in Annexure -11 to this writ petition, whereby the petitioner has been informed that the competent authority has dismissed his appeal which was preferred in terms of the order passed by this Court in WPS No. 4383 of 2005.
(2.) THE petitioner had moved this Court earlier challenging the order of his dismissal from service dated 28/05/2005 by filing a writ petition being WPS No. 4383 of 2005 but the said writ petition was disposed of with observation that the petitioner may avail the alternative remedy of appeal. The petitioner thereafter preferred departmental appeal, which has been dismissed and has been communicated to the petitioner vide Annexure -11.
(3.) THE case of the petitioner is that he was initially appointed as Canteen Cook at Bastacola Colliery prior to nationalization of private collieries. According to the petitioner, for appointment as canteen cook no educational qualification was at all required. However, he was a student of Zila School, Dhanbad, where he had studied up to Class -IX and Zila School, Dhanbad had issued a. School Leaving Certificate accordingly and the same had been produced by him at the time of his appointment under the private. collieries in the year 1971. Subsequently, under the Coal Mines Nationalization Act, private collieries were nationalized and the services of the petitioner were also taken in under the respondent No. 1 and the petitioner continued to work as Canteen Cook. After nationalization the services of the petitioner were taken over and absorbed under the Respondent No. 1 where he continued to work as Munshi though his designation continued as Canteen Cook. Subsequently, in the year 1978 his services were regularized as Munshi in Grade -III with effect from 01/07/1978 and by office order dated 24/25.07.1978 and, accordingly, he was directed So join under Assistant Colliery Manager, Victory Section, Bastacola Colliery. By office order dated 02/05/1980, the petitioner was transferred to Chandmari Section for working as Attendance Clerk and, thereafter, by office order dated 16/2.0.04/1981.;