IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16620 of 2009 1. SURENDRA KUMAR CHOUDHARY S/O JAGDEEP CHOUDHARY R/O VILL.- MASARH TOLA, P.S.- TIAR (JAGDISH PUR), DISTT.- BHOJPUR AT ARA Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL OF POLICE BIHAR, PATNA 3. DEPUTY INSPECTOR GENERAL OF POLICE TIRHUT RANGE, MUZAFFARPUR, BIHAR 4. SUPERINTENDENT OF POLICE VAISHALI AT HAJIPUR 5. ADDITIONAL DIRECTOR GENERAL WIRELESS TECHNICAL AND COMMUNICATION SERVICE, HQR., BIHAR POLICE RADIO, BAILEY ROAD, PATNA 6. ASSISTANT INSPECTOR GENERAL WIRELESS AND TECHNICAL COMMUNICATION SERVICE, BIHAR POLICE RADIO, BAILEY ROAD, PATNA ----------- 2/ 19/01/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was appointed on contract under the Special Auxiliary Police (SAP). Clause 17 of the contract of appointment vests the right in the State to dispense with his services by giving one month’s previous notice. Likewise, clause 18 thereof vests the right in the person appointed to leave the contractual service by giving one month’s previous notice. The grievance is that he has been selected for appointment as Wireless Operator for appointment in the Bihar Police Radio but is unable to join in absence of being relieved from his contractual appointment in SAP. Learned counsel for the State from clause 18 of the terms of appointment finds it difficult to dispute the right of the petitioner to terminate the contractual SAP appointment after the stipulated period. 2 Clause 17 & 18 of the terms of contractual appointment, as noticed above, vest equal right in the Respondents and the petitioner. He has a right to exercise option under clause 18 which cannot be denied to him by the Respondents. Learned counsel for the State is right in his objection that the relieving of the petitioner under clause 18 of the terms of contract and his joining as a Wireless Operator are distinct issues to be considered in accordance with law. If the petitioner has been selected as a Wireless Operator, as claimed, and the only impediment in his appointment as such is non-relieving from SAP, it is expected that the Respondents shall forth with act in accordance with law both with regard to his relieving from the SAP and consideration of his appointment in the Bihar Radio Police as Wireless Operator. The application stands disposed with aforesaid observation. AKS/ ( Navin Sinha, J.)