IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2151 of 2008 HARENDRA KUMAR SINGH . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 24/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was appointed as a technical supervisor on commission basis for execution of certain government schemes. Learned counsel for the petitioner does not seriously dispute the submission that as an agent he does not stand at par with government servants and he is not entitled to the same level of protection. The petitioner is aggrieved by the order dated 26.9.2007 removing him from the status of such agent appointed on commission basis. It is submitted that the order is cryptic and non- speaking in nature. The petitioner had replied to a show cause notice given to him and therefore the impugned order is required to briefly discuss the reasons why the cause shown by the petitioner for alleged deficiency in his duties was not accepted. In absence of reasons the order of removal is bad. Learned counsel for the Bihar Education Project Council submitted that the petitioner was not a government servant and therefore fairness only required - 2 - that he was given a show cause notice and his reply considered. The order of removal says very clearly that none of the grounds mentioned in his explanation were found satisfactory. That itself is reflective of the fact that all the grounds taken in the cause shown have been considered. If the petitioner is not a government servant, he is not entitled to the same level of protection as available to the latter. If he was a commission agent, for execution of certain schemes of the Government, and the Government was not satisfied with his duties, all that was required was a basic compliance with the principles of natural justice by giving him a show cause notice and consideration of the cause shown. This Court is not persuaded to hold that in a case of such appointment on commission basis also, the order of removal is required to be reasoned and discussed and shall be decided on the same standards as available to government servants. A show cause notice was given, it has been replied to. The final order of removal states that “having considered the show cause none of the grounds were found to be satisfactory and acceptable.” To this Court, in the nature of the relationship between the parties the aforesaid recital is sufficient indication of the consideration of the cause shown. - 3 - Dealing with similar appointment of an agent in 2004(2) P.L.J.R. 833 (Smt. Sajjan Devi & Ors. Vs. The State of Bihar & Ors.) a Division Bench of this Court has held that not holding posts in the government service such persons cannot claim the same level of protection as available to a regular government servant, including under Article-311 of the Constitution of India. If dissatisfied with the unsatisfactory performance of duties by an agent the Government decides to remove them, no regular enquiry or procedures are required to be followed prior to disengagement, but it is the basic tenets of the principles of natural justice that are required to be followed only. What natural justice shall mean depends on the facts of each case. This Court is satisfied that in the facts and circumstances of the present case the principles of natural justice stand complied. The counter affidavit specifically admits the liabilities of the respondents to pay any arrears of commission to the petitioner in accordance with law. Learned counsel for the petitioner submits that he is required to be given access to the measurement books to enable him to prepare his bills. If the petitioner appears before respondent No.6 along with a copy of the present order, let him make available the necessary measurement books to the - 4 - petitioner to raise his bills which is expected to be paid in accordance with law within a maximum period of two months from the date of receipt/presentation of such bills by the petitioner along with a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)