Anita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8131 of 2023 ====================================================== 1.
Anita Kumari Daughter of Krishna Prasad, Resident of Village- Tarona, P.O and P.S- Gurua, District- Gaya.
2.
Asmita Kumari, Daughter of Ram Lakhan Prasad, Resident of VillageKarmauna P.O- Mangra, P.S-Imamganj, District Gaya. 3.
Arbind Kumar Son of Nemu Mahto Resident of Village- Narayanpur, P.OMangra, District- Gaya. 4.
Amlesh Thakur Son of Satyendra Thakur, Resident of Village Lawabar Kala, P.O- Tendua, District- Aurangabad.
... ... Petitioner/s
Versus
1.
The State of Bihar Through Additional Chief Secretary, Education Department, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Education Department, Government of Bihar, Patna.
3.
The District Magistrate, Gaya.
4.
The District Education Officer, Gaya.
5.
The District Programme Officer(Establishment), Gaya. 6.
The Block Education Officer, Dumariya, Gaya.
7.
The Secretary of Gram Panchayat cum Secretary, Primary Teacher Niyojan Samiti, Kolhubar Gram Panchayat, Bhokha, Gaya. 8.
The Secretary of Gram Panchayat cum Secretary, Primary Teacher Niyojan Samiti, Gram Panchayat, Nandae, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Roy For the Respondent/s :
Mr. Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2025 Heard learned counsels for the parties.
2.
Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the order passed in L.P.A. No.501 of 2017 dated 14.11.2017.
3.
The petitioners were appointed as Teacher in the year
Patna High Court CWJC No.8131 of 2023(3) dt.04-02-2025 2/3 2014-15 based on the certificate issued to them for having passed the T.E.T. and are working for about seven years. By the memo no.2 and 4, dated 02.07.2022 (Annexure- 3 series), their services have been terminated by indicating that they have submitted forged eligibility certificate for seeking appointment. By memo O.A. no.856/2022, the appeal filed by the petitioners before the State Appellate Authority has been rejected on the ground that they have submitted forged TET certificate, their services were terminated without issuing a notice to them and without granting them any opportunity of defence or without following the principles of nature justice. A co-ordinate Bench of this Court in the case of Chief Post Master General vs. Nirbhay Kumar, 2008 (3) PLJR 344 has laid down the principle that when penal action is taken and services of an employee is terminated, which has an adverse consequence on the delinquent employee, at least an opportunity of hearing should be granted to them.
4.
Considering the aforesaid facts and the petitioners' case is squarely covered by the order passed in L.P.A. No.501 of 2017 and in view of the aforesaid discussion, I hereby allow the writ application and quash the orders contained in memo no.2 and 4 dated 02.07.2022 and order passed in O.A. No.856/2022 dated
Patna High Court CWJC No.8131 of 2023(3) dt.04-02-2025 3/3 23.12.2022 and grant liberty to the respondents to proceed in accordance with law. For the intervening period, no salary will be paid to the petitioners. So far the petitioners are concerned, it would be dependent upon the final outcome of the enquiry conducted by the respondents and the action that they propose to take after such enquiry.
5.
Accordingly, this writ application is disposed of. (Anjani Kumar Sharan, J) shikha/- U