S.J. Mukhopadhya, J. - (1.) This application has been preferred by petitioner against notification No. 56 dated 7th January, 2003 whereby and where under his services have been taken back to the Parent Department and has been posted as Additional Collector, Garhwal the consequential relieving Order No. 1049 dated 22nd February, 2003 is also under challenge.
(2.) According to petitioner he having appointed as Secretary in the Mineral Area Development Authority ('MADA' for short) as per Section 6 of the Bihar Coal Mining Area Development Authority Act, 1986 the State Government cannot take back his service for posting as Additional Collector.
(3.) The Counsel for the petitioner submitted that earlier by a Notification dated 3rd December, 2001 the services of petitioner was called back in the Parent Department which was challenged by petitioner in W.P. (S) No. 1232/2002. In the said case when the Respondent-State was asked to file counter-affidavit, during the pendency the Respondents recalled the Order dated 3rd December, 2001 vide Notification No. 1389 dated 22nd February, 2002 and made the Writ Petition infructuous. It is alleged that the Respondent having made the case infructuous after about one year have again issued similar Notification No. 56 dated 7th January, 2003.;