N.N. Tiwari, J. - (1.) IN both the writ applications a common question arises for consideration as to whether the State of Bihar has got jurisdiction to pass the impugned order(s) of dismissal of the petitioner.
(2.) BOTH the writ applications are grounded on Identical facts barring the development which gave rise to the cause for filing WP(S) No. 6309 of 2004 after filing the earlier writ application being WP(S) No. 2138 of 2003, The petitioner was an Assistant Engineer In the Water Resources Department and he was put under suspension by order No. 127. dated 5.5.2000 (Annexure -1) fixing his Headquarters in the Office of the Chief Engineer. Water Resources Department. Kanchi. Alter the reorganization of the State of Jharkhand under the provisions of Bihar Re -organisation Act, 2000, a tentative list of cadre allocation was made by the Cadre Allocation Committee. The petitioner's name appeared at Sl. No. 78 in the tentative list of Assistant Engineers of Water Resources Department for the State of Jharkhand vide letter No. 1422. dated 2.7.2002. The said tentative list was subsequently finalized and the petitioner was finally allocated Jharkhand Cadre in the final list issued by the Central Government. Earlier after the tentative allocation of the cadre, the State of Jharkhand had sought vigilance clearance and character report of the Assistant Engineer. Water Resources Department posted in Jharkhand by letter No. 6536, dated 17.12.2002 and the petitioner's name was shown as one of the Assistant Engineers of Water Resources Department of Jharkhand. Against the tentative cadre allocation of the petitioner, the State of Bihar had filed an objection before the Chairman. Advisory Committee requesting for deletion of the name of the petitioner from the tentative list of Jharkhand and to allocate Bihar, on the ground that the petitioner was earlier given punishment of dismissal by the said State. The same was turned down by the Central Government. Thereafter the said final allocation was made allotting the Jharkhand Cadre to the petitioner as contained in Notification No. 4728, dated 10.6.2003. The State of Bihar issued a , dated 30.6.2004 under the signature of the Deputy Secretary, whereby the petitioner was sought to be again dismissed from his services by way of punishment, with retrospective effect from 29.3.2003. According to the petitioner, the entire departmental proceeding and the dismissal order passed against him as contained in Annexure -6, is wholly arbitrary, illegal and without jurisdiction as there was no territorial jurisdiction to the State of Bihar for passing the said order of dismissal against the petitioner who was an employee of the State of Jharkhand.
(3.) IN WP(S) No. 2138 of 2003, the petitioner has prayed for quashing the Notification No. 482, dated 29.8.2003 whereby the petitioner was awarded punishment of dismissal from service from the date of issuance of the order by way of punishment in the departmental proceeding.;