Abhishek Kumar vs The State Of Bihar
2021 Latest Caselaw 128 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.7990 of 2020
     ======================================================

Abhishek Kumar, aged about 41 years, male, Son of Rana Uday Singh, Resident of Village Chero, Police Station - Harnaut, District - Nalanda.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2. The Director Secondary Education, Patna.

3. The Regional Deputy Director of Education, Patna Division, Patna.

4. The District Magistrate, Bhojpur.

5. The District Education Officer, Bhojpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Prabhat, Adv. For the Respondent/s : Mr. Madanjeet Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 13-01-2021

Heard Mr. Rakesh Prabhat, learned Advocate for

the petitioner and Mr. Madanjeet Kumar, learned counsel for

the State.

2. The services of the petitioner has been

terminated by order dated 14.08.2020, contained in Memo

No. 568, which has been issued under the signature of Patna High Court CWJC No.7990 of 2020 dt.13-01-2021

District Education Officer, Bhojpur at Ara (respondent No.

5).

3. The petitioner was arrested on 05.08.2020 for

having consumed liquor despite prohibition in the State of

Bihar and remained in custody from 06.08.2020 till

14.08.2020. On this ground alone, the service of the

petitioner was terminated with immediate effect by the order

which has been impugned in the present petition.

4. Learned counsel for the petitioner submits that

in terms of the agreement, the services of the petitioner

could have been terminated only after giving him one

months notice or one month's salary, but not otherwise.

5. The petitioner has not been served with any

notice before terminating his engagement.

6. It has further been submitted that the forensic

report is in favour of the petitioner. No ethyl alcohol, which

is the intoxicating ingredient of all alcoholic beverages, was

detected in the sample which was collected from the

petitioner.

7. Considering the afore-noted aspects of the Patna High Court CWJC No.7990 of 2020 dt.13-01-2021

matter, this Court is constrained to set aside the order of

termination dated 14.08.2020 (Annexure-3).

8. The respondents are directed to give a notice to

the petitioner or give him one month's salary in advance

and, thereafter, take a decision with respect to termination

of his service.

9. With the aforesaid observation/direction, the

writ petition stands allowed.

(Ashutosh Kumar, J) Praveen-II/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          15.01.2021
Transmission Date       N/A