IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.507 of 2004 SANJAY KUMAR PAL, SON OF JAGDEO PAL, RESIDENT OF MIRIS KAR TOLI, P.S. ALAMGANJ, DISTRICT PATNA. ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE HOME SECRETARY, HOME (POLICE) DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARIAT, BIHAR, PATNA. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTER, BIHAR, PATNA. 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, C.I.D., BIHAR, PATNA. 5. THE DEPUTY INSPECTOR GENERAL OF POLICE (HUMAN RIGHTS), BIHAR, PATNA. 6. THE SUPERINTENDENT OF POLICE, (C), C.I.D., BIHAR, PATNA. ---- RESPONDENTS ----------- 7 30.4.2010 The petitioner has challenged the order of termination dated 26.9.2003 by which it is said that the appointment of the petitioner is irregular. Nine persons have been terminated by the aforesaid order. Learned counsel for the petitioner submits that he has filed a show cause vide annexure-3 which has not been considered by the authority who has terminated the petitioner and as such the order is without application of mind and is fit to be set aside on that ground alone. No counter affidavit has been filed. The case of the petitioner is that after the death of the Electrician Ram Kumar working in the C.I.D. Department of the Police, Patna, the petitioner was appointed on daily wages in February, 1992. A notice was taken out for regular appointment on the notice board and thereafter the petitioner was absorbed and was given a regular appointment from 16.11.1992. It is the claim of the petitioner that he was sent for training and has worked for eleven years and as such the order of termination is illegal. Considering the 2 law laid down by various Benches of this Court and the law laid down in the case of State of Karnataka Vs. Uma Devi reported in (2006) 4 SCC 1, this Court cannot pass any positive orders. The application of the petitioner has to be considered in terms of the law laid down by the Supreme Court in the aforesaid case by the concerned authority i.e. the Superintendent of Police, C.I.D., Bihar, Patna within a period of four months. This application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)