Md. Shoaib Akhtar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1951 of 2019 ====================================================== Md. Shoaib Akhtar Son of Md. Sobrati Resident of Village-P.O.-Quazi Mohammadpur, P.S.-Paroo, District-Muzaffarpur, Bihar ... ... Petitioner/s

Versus

1. The State Of Bihar Through Principal Secretary,Education Department,Patna (Bihar)

2. The Principal Secretary, Education Deparment, Patna, Bihar

3. The Director, Eduation Department, Bihar Patna

4. The Regional Deputy Director, Tirhut Division Muzaffarpur

5. The District Magistrate Muzaffarpur

6. The Learned Presiding Officer, District Appellate Authority in Campus of Zila School, Muzaffarpur

7. The District education Officer, Education department, Muzaffarpur Bihar

8. The District Program Officer, Establishment, Education department, Muzaffarpur

9. The Block Education Officer at Paroo, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar : Mr. Yugal Kishore For the Respondent/s :

Mr. Prabhat Ranjan Singh (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 05-02-2019 1.

The present writ petition has been filed for quashing the letter dated 25.01.2018 passed by the District Education Officer-cum-District Programme Officer (Establishment), Muzaffarpur, whereby and whereunder according to the directions of the Department contained in letter of the Director (Education), Bihar, Patna dated 21.12.2017 as also in the letter of the Secretary, Education Department, Bihar, Patna dated 28.07.2017 and 24.01.2018, the services of 82 Shiksha Syaim Sevi have been terminated.

Patna High Court CWJC No.1951 of 2019 dt.05-02-2019 2/2 2.

The learned counsel for the petitioner submits that the services of the petitioner have been terminated without issuing any show cause notice as also without following the due procedure of law and without complying with the Principles of Natural Justice.

3.

The learned counsel appearing for the respondents does not dispute the position as existing in law. 4.

Having regard to the submissions made by the learned counsel for the parties, the present writ petition is allowed and the order dated 25.01.2018 passed by the District Education Officer-cum-District Programme Officer (Establishment), Muzaffarpur is quashed, however with liberty to the respondents to proceed afresh in accordance with law. (Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.02.2019 Transmission Date NA