IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1303 of 2011 In Civil Writ Jurisdiction Case No. 12076 of 2011 ====================================================== Dhananjay Kumar, Son of Subhash Chander Singh, Resident of Dhandhana Chak, P.S. Phulwari Sharif, District- Patna. .... .... Petitioner/Appellant Versus 1. The State of Bihar through the Principal Secretary, H.R.D. Department, Vikas Bhawan, Patna 2. Director, Bihar Education Project Council, Boring Canal Road, Patna 3. District Magistrate, Patna 4. District Education Officer, Patna 5. District Programme Officer, Elementary and Sarv Shiksha Abhiyojna Patna, Jagdeopath, Bailey Road, Patna 6. Block Education Extension Officer, Phulwarisharif, Patna 7. Sri Shashi Bhushan Roy, Son of Late Chandi Prasad Roy, Resident of Mohalla- Western Mahtennagar Road-3, House No. 1, Patliputra District- Patna, Ex. D.S.E Patna at Present Posted in the office of Director, Secondary Education, Bihar, Patna .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Alim Jang Khan, Advocate. For the Respondent/s : Mr. Ranjan Kumar, A.C. to AAG 13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 23-09-2011 Feeling aggrieved by the judgment and order dated 27th July 2011 passed in above CWJC No. 12076 of 2011, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. It appears that the appellant was appointed as Peon- Patna High Court LPA No.1303 of 2011 (2) dt.23-09-2011 2 / 2 2 cum-Night Guard on the contractual basis. In view of criminal complaint made against the appellant in respect of offence punishable under Sections 457 and 380 of the Indian Penal Code the contractual employment of the appellant has been terminated. The challenge to the termination of contract has been rejected by the learned single Judge. Therefore, the present Appeal. We see no case for interference. Learned Advocate Mr. Alim Jang Khan has appeared for the appellant. He has submitted that since the decision of the learned single Judge the appellant has been acquitted in the criminal case. If that be so, the appellant may make representation to the District Magistrate, Patna for reinstatement in service. If such representation is made the same will be decided in accordance with law within six weeks from the date of the receipt of the representation. The decision of the District Magistrate will be binding to the appellant. In the event the representation is rejected, it will not give a fresh cause of action. Subject to the above observation the Appeal is dismissed. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)