BISHUNDEO TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by the writ petitioners-appellants challenging order dated 03.03.2008 by which the learned Single Judge of this Court dismissed CWJC No.4568 of 2003 relying upon a decision of a division of this Court in case of Dilip Kumar Jha & Anr. Vs. The State of Bihar & Ors., 1999 1 PLJR 664.

(2.) The aforesaid writ petition bearing CWJC No.4568 of 2003 was filed by the appellants along with proforma respondent nos. 5 to 8 of this Letters Patent Appeal for quashing office order no.7001 dated 28.04.2003 issued by the Bihar State Pollution Control Board, Patna (hereinafter referred to as 'the Board' for the sake of brevity) by which the services of the writ petitioners along with 16 others were terminated with effect from 28.04.2003 and for a further direction to the respondents to reinstate the petitioners to their respective posts with effect from 28.04.2003.

(3.) In the said writ petition, the respondents appeared and a counter affidavit was filed on behalf of respondent nos.3 and 4 contesting the claim of the petitioners. However after a detailed discussion the said writ petition was dismissed by a learned Single Judge of this Court vide order dated 03.03.2008 after arriving at the following findings:-