- (1.) In the aforesaid writ application the petitioner has inter-alia prayed for quashing of the memo no. 257/1-2 dated 18.05.2009 (Annexure-20) issued by the respondent no. 8 whereby the petitioner has been dismissed from services and for direction to respondent to reinstate the petitioner's services with consequential benefits and for direction to respondents for payment of all arrear salary since2007.
(2.) The facts of the case in a nutshell is that in pursuance to advertisement published for appointment in vacancy to the post of Tax Collector in Madhupur Municipality by the Executive Officer, Madhupur Municipality, the petitioner applied for the said post and the appointment order was issued on the post of Tax Collector vide order no. 369/1-2 dated 31.07.1979 vide Annexure-3 to the writ application. After serving for more than 2 years, the petitioner was dismissed form service without any notice and the decision taken in the meeting of Municipal Board on 25.09.1981, was declared ab initio void by the then Deputy Commissioner, Dumka and as such vide letter no. 2853 dated 3.12.1981, the Additional Deputy Commissioner, Dumka the petitioner was allowed to continue on his post as earlier is evident from Annexure- 4 to the writ application. Thereafter, the petitioner was promoted to the post of Assistant Tax Daroga vide Memo No. 591/1-2 dated 6.1.1990 issued by the Executive Officer, Madhupur Municipality. That on the basis of the complaint, the petitioner was placed under suspension with immediate effect in contemplation of departmental proceedings vide memo no. 524 dated 10.9.1996. The petitioner was served a charge memo by the then Special Officer-cum-Executive Officer, Madhupur Municipality vide Memo No. 696/1-2 dated 20.1.1997 levelling allegations that the petitioner has obtained his appointment on the basis of showing higher marks in Matriculation Examination depriving the other candidate as per Annexure-7 to the writ application and in pursuance to the said charges, the petitioner submitted his reply refuting all the charges levelled against him. On the basis of the inquiry, the Deputy Commissioner, respondent no. 3, on 9.3.2000 passed an order for revocation of the suspension of the petitioner vide letter no. 321 dated 9.3.2000 and the petitioner submitted his joining in the office of the then Special Officer-cum- Executive Officer, Madhupur Municipality.
(3.) Being aggrieved by the illegal dismissal, the petitioner filed a writ petition bearing CWJC No. 8311 of 2000 before Hon'ble Patna Hight Court for quashing of entire departmental proceedings initiated against him by the then Special Officer, Madhupur Municipality and the said writ petition was heard on 30.08.2000 and notices were issued. On 15.11.2000 the State of Bihar was bifurcated and the Madhupur which is situated near Deoghar comes within the jurisdiction of newly created Jharkhand State. Since the many cases have been transferred to the Jharkhand High Court but the case of this petitioner was not transferred. Again, the petitioner filed CWJC No. 1326 of 2001 before this Court which was disposed of on 6.4.2001 with a direction to the respondents authority to conclude the proceeding within the period of six weeks from the date of receipt/production of copy of the order failing which the departmental proceeding shall stands automatically quashed vide Annexure-9 to the writ application.;