IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1046 of 2011 In Civil Writ Jurisdiction Case No. 7766 of 2003 With Interlocutory Application No. 4760 of 2011 And Interlocutory Application No. 4761 of 2011 In Letters Patent Appeal No.1046 of 2011. ====================================================== 1. The State of Bihar through the Commissioner - cum - Secretary, Water Resources Department, Govt. of Bihar, Sinchai Bhawan, Patna, 2. The Deputy Secretary, Water Resources Department, Govt. of Bihar, Sinchai Bhawan, Patna, 3. The Under Secretary, Water Resources Department, Govt. of Bihar, Sinchai Bhawan, Patna, 4. The Director, Land Acquisition and Rehabilitation Department, Water Resources Department, Govt. of Bihar, Sichai Bhawan, Patna, 5. The Special Land Acquisition Officer, Koshi Project, Saharsa .... .... Respondents ….. Appellants Versus Amrendra Prasad Yadav, S/o Deo Narayan Yadav, R/o Vill. + P.O. - Mohanpur Choumukh, P.S. Bihariganj, District - Madhepura. .... .... Petitioner ….. Respondent ====================================================== Appearance : For the Appellant/s : Mr. Lalit Kishore, AAG 1 and Mr. Vikash Kumar, AC to AAG 1. For the Respondent : Mr. Udit Nr. Singh and Mr. Akhilesh Kumar, Advocates. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 13-09-2011 With the consent of the learned Advocates, the Appeal is heard and decided today. Patna High Court LPA No.1046 of 2011 (4) dt.13-09-2011 2 / 3 2 Re. Interlocutory Application No. 4760 of 2011. On the facts and in the circumstances of the case, the delay of 423 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 1046 of 2011 and Interlocutory Application No. 4761 of 2011. Feeling aggrieved by the judgment and order dated 30th March 2010 passed by the learned single Judge in above CWJC No. 7766 of 2003 insofar as the learned single Judge has directed, “…the respondents to initiate civil / criminal proceedings including suspension forthwith of the officer / officers who not only appointed the petitioner whether as a peon / Junior Accounts Clerk / Senior Accounts Clerk but even those successor officer who continued to utilize the service of the petitioner and paid him salary at least till 5.1.2004”, the respondents State of Bihar and others have preferred this Appeal under Clause 10 of the Letters Patent. The matter at issue is termination of the service of the writ petitioner on the ground that his appointment was not legal and valid. Learned Additional Advocate General Mr. Lalit Kishore has appeared for the appellants. He has submitted that the incidence relates prior to the year 1997. The State of Bihar having noticed the illegality / irregularity committed in the appointment of the writ petitioner terminated his service on 24th September 2003. A complaint against the concerned officers was also made to the Vigilance Commission. He has submitted that the Vigilance Commission has lodged prosecution against the erring officers. He has, however, submitted that there is no reason to prosecute the Patna High Court LPA No.1046 of 2011 (4) dt.13-09-2011 3 / 3 3 successor officers who may not be even aware of the nature of the appointment of the writ petitioner. We do agree with Mr. Lalit Kishore. The illegality of the appointment of the writ petitioner indeed requires to be examined. The officers who may be involved in making illegal / irregular appointment are also required to be dealt with departmentally and also in criminal prosecution. However, there is no justification in issuing direction to suspend and prosecute all those officers who succeeded the wrong doers in office. For the aforesaid reasons, the Appeal is allowed. The following order issued by the learned single Judge is set aside. “Simultaneously, to any such order denying regularization to the petitioner, this Court directs the respondents to initiate civil / criminal proceedings including suspension forthwith of the officer / officers who not only appointed the petitioner whether as a peon / Junior Accounts Clerk / Senior Accounts Clerk but even those successor officer who continued to utilize the service of the petitioner and paid him salary at least till 5.1.2004” The impugned judgment and order dated 30th March 2010 passed by the learned single Judge stands modified to the above extent. Interlocutory Application stands disposed of. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)