KAMALA KANT BHATTACHARJEE Vs. STATE OF BIHAR
LAWS(JHAR)-2003-7-88
HIGH COURT OF JHARKHAND
Decided on July 25,2003

Kamala Kant Bhattacharjee Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

TAPEN SEN, J. - (1.) HEARD Mr. V. Shivnath, learned counsel for the petitioner assisted by Mr. Prabir Chatterjee and Mr. Rupesh Kumar Singh, J.C. to S.C. -I representing the State Respondents.
(2.) THE Writ Petition is directed against the order dated 16.05.1997 passed by the respondent No. 4 whereby and whereunder while referring to the cancellation of appointment made by letter dated 23.07.1992 as contained in Annexure I, he gave a general direction to all concerned officers of the Department of Education to ensure that whoever may have been appointed illegally, should be stopped from work and their salaries should also not be paid to them notwithstanding orders of any Court. The aforementioned orders was sought to be implemented by the Head Mistress of the concerned school by letter dated 30.05.1997 communicating inter alia to the Petitioner that pursuant to the aforementioned general direction dated 16.05.1997 (Annexure 4), the salary of the Petitioner would not be paid and that no work would be taken from him.
(3.) THE aforementioned order appears to be a virtual misadventure on the part of the respondent No. 4 and this Court is absolutely amazed at the brazenness and the manner in which he dared to pass the said order against a specific judgment of the then Ranchi Bench of the Hon ble Patna High Court (now Jharkhand High Court). Some facts will, therefore, necessary to be taken note of.;


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