IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5579 of 2010 RAJIV KUMAR S/O SHRI LALAN PRASAD R/O RAMAUTAR BHAWAN, OPP. BLOCK OFFICE, PHULWARISHARIF, P.S.- PHULWARISHARIF, DISTT.- PATNA …….. PETITIONER Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, MAIN SECRETARIAT, PATNA-15 3. DY. DEVELOPMENT COMMISSIONER-CUM-UPPER DISTRICT PROGRAMME CO-ORDINATOR, NALANDA 4. DISTRICT MAGISTRATE-CUM-DISTRICT PROGRAMME CO-ORDINATOR, NALANDA …….. RESPONDENTS ----------- 2. 29/11/2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner, a Programme Officer under Rural Employment Guarantee Programme in Noorsarai Block, has challenged the order dated 12.9.2008 (Annexure-4) by which his contract of service has been cancelled. The order itself shows that on the basis of some lapses found on his part, some guidelines were sought for from the Department and on the basis of the same order of his contract of service has been issued. The order does not show that the petitioner was ever noticed or was given any opportunity to explain his conduct. However, from Annexure-7, it appears that petitioner has filed a representation before the Deputy 2 Development Commissioner, and the successor Deputy Development Commissioner has reported to the Principal Secretary of the Rural Development Department that the conduct of the petitioner was satisfactory and therefore he can be re-engaged. This letter of the Deputy Development Commissioner is dated 27.7.2009. Grievance of the petitioner is that till now no final decision has been taken by the Government. In the circumstances, this writ application is disposed of with a direction to the Principal Secretary, Rural Development Department to consider the said letter no.1436 dated 27.7.2009 of the Deputy Development Commissioner and take an appropriate decision preferably within a period of two months from the date of receipt/production of a copy of this order. The petitioner shall produce a copy of this order before the Principal Secretary, Rural Development Department along with a copy of the said letter of the Deputy Development Commissioner, upon which, if necessary, the Principal Secretary, Rural Development Department shall get the facts stated in the 3 said letter cross-checked from the records with liberty to the petitioner, if necessary, to explain any of his conduct. With the aforesaid observations and directions, this writ application is disposed of. Pradeep/ ( J. N. Singh,J.)