Letters Patent Appeal No.1259 OF 2001 (Against the judgment and order passed in C.W.J.C. No. 12125 of 2001 dated 18.9.2001.) RANJEET KUMAR SINGH----------------------------------(Appellant) VERSUS THE STATE OF BIHAR & ORS--------------------------(Respondents) For the appellant : Mr. Ganesh Prasad Singh, Sr. Adv. Mr. Manoj Kumar, Adv. For the State : Mr. Shashi Bhushan Kumar, SC-16 ----------------- ] P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH THE HON'BLE MR. JUSTICE C.M.PRASAD Barin Ghosh & C. M. Prasad, J.J. Appellant was engaged on daily wages basis for discharging duties of a clerk in the Transport Department of the State Government. While he was discharging his duties as a daily wages clerk an inspection was carried out by an Officer of the State. Subsequently, it was held out in a letter dated 27.08.2001 that the engagement of the appellant as daily wages clerk is no longer necessary, for he was found involved in corrupt practice and there is suspected failure on his part to discharge his duties. There is no dispute that before such holding out was made, the appellant was not told that he is involved in corrupt practice or there is suspicion that there has been failure on his part in discharging duties and accordingly, the appellant had no - 2 - occasion to contest even such a contention. The appellant filed a writ petition challenging the said letter dated 27.08.2001 and thereby contended that his daily wages engagement has been brought to end on the basis of unjust and unilateral contentions attacking his moral character and that such contentions are uncalled for and unjust. It was contended that on such allegation the daily wages engagement of the appellant could not be put to an end. The writ petition was dealt with by a learned single Judge of this Court, when proceeding on the basis that the order contained in the said letter dated 27.08.2001 was a simple disengagement order of a daily wages employee, the learned judge by the judgment and order under appeal dismissed the writ petition. Aggrieved thereby, the appellant is before us. It was contended on his behalf that the allegations contained in the letter dated 27.08.2001 are unfounded and the appellant has established the same by facts and figures brought on record of this Court. It was submitted that if those allegations are lifted, there would be no reason to disengage the daily wages engagement of the appellant. Inasmuch as the allegations made in the said order dated 27.08.2001 have - 3 - Patna High Court, the 26th August, 2008 N.A.F.R./Ravi not been proved in the manner the same were required to be proved, we think it was not appropriate, while putting to an end the daily wages engagement of the appellant, to make such allegations in black and white. However, even if the allegations are incorrect that would not entail any relief as had been sought for in the writ petition, i.e. restoration of the engagement of the appellant, inasmuch as the appellant, being a daily wages employee, was not protected by Article 311 of the Constitution of India. In those circumstances, there is nothing further to be done in the appeal. The same is accordingly dismissed. (Barin Ghosh, J.) (C.M. Prasad, J.)