AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE prayer of the petitioner in this writ application is to quash the office order contained in Annexure -10 issued under the signature of the Superintending Engineer, Building Construction Department dated 03/05/2003, whereby the petitioner has been dismissed from service. The relevant facts, leading to the present writ application, are that the petitioner was initially appointed as Accounts Clerk vide office order No. 515 dated 27/11/1984, for a period of six months only against a vacant sanctioned post of Accounts Clerk. The petitioner joined the said post and, thereafter, by issue of letter dated 22/09/1985, he was transferred to the vacant post of Accounts Clerk in the office of the Superintending Engineer, Chhotanagpur Circle, Ranchi. It appears that even after expiry of the period of six months, the service of the petitioner was not terminated rather he continued its service for a period of about 16 years and during that period; he even acquired requisite qualification for the said post and also passed the departmental examination. Not only that his service book was also opened on 25/08/1986 and he was also allotted a GPF account in the year 1985 in terms of Rule 4 of Bihar G.P.F. Rules, 1948. The petitioner was posted against sanctioned vacant post of Senior Accounts Clerk in the pay scale of Rs. 580 -10 -620 -15 -770/ -.
(3.) IN the year 1998, a local M.L.A. namely Jawahar Lal Banra made a complaint against the petitioner that he was illegally continuing in service though his appointment was made only for a period of six months. On such complaint, the petitioner was suspended on 28/11/1998 in contemplation of departmental enquiry. However, the said suspension was revoked on 28/02/2002 pursuant to the order of this Court dated 09/10/2001 in WPS No. 5122/2001.;