IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5159 of 2009 SURENDRA KUMAR CHAUDHARY &ORS Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr Vinay Ranjan, Advocate For the State : AC to AAG I ------ 2. 23.04.2009 Heard learned Counsel for the petitioners and the learned Counsel for the State. It is the case of the petitioners that in pursuance of an advertisement they were appointed on class IV posts in the year 1989. Their appointments were verified in 1995 notwithstanding which in 2002 a show cause was issued to them to which they replied, followed by fresh show cause which was replied again. On 25.2.2003 the appointments were cancelled effective from the date of appointment itself. The petitioners came to this Court in CWJC No. 7955 of 2003.The order of termination was set aside. The State preferred LPA No. 960 of 2003 (as submitted on behalf of the petitioners but there is no pleading in the writ application to that effect) which was disposed with LPA No. 946 of 2003 and analogous cases. The matter was remanded to the authorities for scrutiny by a committee. The report of the committee has now come holding that the petitioners were appointed by Regional Deputy Director, Health Department, who was not the competent authority to make the appointment. Reliance is placed on an order of this court in CWJC No. 4872 of 2009 disposed on 18.4.2009 where similar issues were raised for consideration. Learned counsel for the State is not in a position to distinguish the case of the petitioners from the discussions as contained in the order dated 18.4.2009 in CWJC No. 4872 of 2009. For like reasons as discussed in CWJC No. 4892 of 009 the impugned order of termination is not sustainable. It is accordingly set aside in so far as the petitioners are concerned. They stand reinstated. The writ application is allowed. Similar directions are issued that the respondents shall be at liberty to reexamine the issue if they so wish but they shall proceed strictly in accordance with the directions contained in the order. Snkumar/- (Navin Sinha,J.)