Abhishek Kumar vs. The State of Bihar through the Principal Secretary, Education Department & Ors. (2021), Justice Ashutosh Kumar of Patna High Court set aside the order of termination dated August 14, 2020. The services of the petitioner was terminated by order contained in Memo No. 568, which has been issued under the signature of District Education Officer, Bhojpur at Ara. The other four respondents were: Director Secondary Education, Patna, Regional Deputy Director of Education, Patna Division, Patna, District Magistrate, Bhojpur and District Education Officer, Bhojpur. The respondents were directed to give a notice to the petitioner or give him one month’s salary in advance and, thereafter, take a decision with respect to termination of his service.
The judgement recorded that the petitioner was arrested on August 5, 2020 for having consumed liquor despite prohibition in the State of Bihar. He remained in custody from August 6, 2020 till August 14, 2020. On this ground alone, the service of the petitioner was terminated with immediate effect by the order. The counsel for the petitioner submitted that in terms of the agreement, the services of the petitioner
could have been terminated only after giving him one months notice or one month’s salary, but not otherwise. The petitioner was not served with any notice before terminating his engagement. It was also been submitted that the forensic report is in favour of the petitioner. No ethyl alcohol, which is the intoxicating ingredient of all alcoholic beverages, was detected in the sample which was collected from the petitioner, a resident of Chero, Harnaut, Nalanda.
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