Deepak Kumar vs The State Of Bihar
2025 Latest Caselaw 1029 Patna

Patna High Court

Deepak Kumar vs The State Of Bihar on 7 January, 2025

Author: Ashutosh Kumar

Bench: Ashutosh Kumar, Nawneet Kumar Pandey

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.262 of 2022
                                        In
                  Civil Writ Jurisdiction Case No.20281 of 2021
     ======================================================
     Deepak Kumar Son of Late Prakash Chandra Gupta, Resident of Ward No.
     10, Ashram Road Raxaul, Post Office and Police Station- Raxaul, District -
     East Champaran at Motihari.

                                                          ... ... Appellant/s
                                   Versus
1.   The State of Bihar through the Secretary, Social Welfare Department,
     Government of Bihar, Patna.
2.   The Director, Integrated Child Development Services (I.C.D.S.), Bihar,
     Patna.
3.   The District Collector, East Champaran, Motihari.
4.   The District Programme Officer, East Champaran, Motihari.
5.   The Child Development Project Officer, Ramgarhwa, East Champaran,
     Motihari.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s     :     Mr. Parth Gaurav, Advocate
     For the Respondent/s    :     Mr. Abhishek Singh, AC to GA-7
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
             and
             HONOURABLE MR. JUSTICE NAWNEET KUMAR
     PANDEY
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

     Date : 07-01-2025

                     Heard       Mr.   Parth     Gaurav,        the   learned

       Advocate for the petitioner and Mr. Abhishek Singh, the

       learned Advocate for the State.

                     2. The appellant worked as an Executive

       Assistant, Child Development Office, Ramgarhwa on

       contractual          appointment    for    a      year    which   was
 Patna High Court L.P.A No.262 of 2022 dt.07-01-2025
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          extendable. He had joined the service on 18.02.2012

          for a period of one year and had got an extension till

          04.03.2014.

                          3

. According to him, he was removed

unceremoniously on 11.09.2014 for having demanded

certain documents to complete his job. That was treated

as nuisance in office and he was removed from service.

4. The challenge to the afore-noted removal

could not be sustained primarily on account of the fact

that on the date of removal, the contract with the

employer never subsisted.

5. The issue before the learned Single Judge

was, therefore, whether the appellant was entitled for a

domestic inquiry before his termination from the post of

Executive Assistant on contract basis with reference to

the date of termination as 11.09.2014.

6. The Bench decided in the negative and

rightly so.

7. If the appellant has worked beyond Patna High Court L.P.A No.262 of 2022 dt.07-01-2025

04.03.2014 till the date of his termination, he would be

entitled to be remunerated for the same, if it is proved

that he had worked.

8. However, since this issue was not

addressed by the learned Single Judge, the appellant

would have the liberty to approach the appropriate

forum for payment of his remuneration for the period

that he had worked.

9. The L.P.A. stands disposed of accordingly.

(Ashutosh Kumar, J)

(Nawneet Kumar Pandey, J) manoj/krishna-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.01.2025
Transmission Date       NA