IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1676 of 2011 In Civil Writ Jurisdiction Case No. 10895 of 2011 ====================================================== Md. Shahid, S/O Late Md. Ishaque ,R/O Village- Narwal Barwal, P.O.- Narwal Barwal, P.S.- Bagaha, District- West Champaran. .... .... Petitioner/Appellant Versus 1. The State of Bihar 2. The Director General Cum I.G. of Police, Bihar, Patna 3. The Deputy Inspector General of Police, Bhagalpur 4. Senior Superintendent of Police, Bhagalpur 5. Parichari Prawar, Police Line, Bhagalpur 6. Mr. Bipin Bihari Rai Inspector of Police, Sultanganj Circle, Bhagalpur .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Binod Kumar, Advocate. For the Respondent/s : Mr. Gautam Bose, AAG 8 with Mr. Ratna Das, A.C. to AAG 8. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 20-12-2011 Feeling aggrieved by the order dated 25th August 2011 made by the learned single Judge in above CWJC No. 10895 of 2011, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant, a retired army man, was engaged in 2007 as a Special Auxiliary Police under the Bihar Police for a period of nine months on terms and conditions mentioned in the order of appointment. It appears that the said contractual appointment was extended from time to time. In April 2011 his service was Patna High Court LPA No.1676 of 2011 (2) dt.20-12-2011 2 / 2 2 terminated on the ground of indiscipline and unbecoming conduct. The challenge to the said order has been rejected by the learned single Judge. Therefore, this Appeal. It appears that the appointment of the appellant was purely contractual for a period of nine months. On expiry of nine months the contract for appointment would stand terminated. The terms and conditions of the appointment clearly stipulated that the appointment would be terminable without notice in case of indiscipline, unsuitability or misconduct. The service of the appellant was terminated by the Senior Superintendent of Police, Bhagalpur on the charges of indiscipline and unbecoming conduct. The learned single Judge has observed that the termination of service was in consonance with the contract and for breach of contract remedy lies under the common law. The termination of service of the appellant was in consonance with the terms and conditions of the appointment. The impugned order of termination of service does not call for interference. The petition has rightly been rejected. Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)