Gayatri Kumari @ Gayatri Devi v. The State Of Bihar Through Sri Deepak Kumar, Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1335 of 2020 In Letters Patent Appeal No.109 of 2018 ====================================================== Gayatri Kumari @ Gayatri Devi, the then Incharge Head Master, Rajkiya Buniyadi Vidyalaya, Gudri, Chapra, P.S.- Bhagwan Bazar, Dist- Saran. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Sri Deepak Kumar, Chief Secretary Government Of Bihar, Old Secretariat 2.

Sri Sanjay Kumar, Principal Secretary, Department Of Human Resources Development Government Of Bihar 3.

Sri Ranjit Kumar Singh, The Director Primary Education Bihar 4.

Sri Upendra Nath Pandey, The Special Director, Primary Education Bihar 5.

Sri Priyenandan Prasad, The Regional Deputy Director Education Saran Division, Chapra 6.

Sri Ajay Kumar Singh, The District Education Officer Saran At Chapra 7.

Sri Sunil Gupta, The District Program Officer Saran At Chapra 8.

Sri Bachalal Sah, In Charge Head Master, Government Basic School Chapra, Gudri 9.

Samir Kumar Sri Hari Shankar Singh Resident Of Village Amar, Chapra, P.S Chapra Muffasil ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Prabhakar, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 17-08-2023 The present M.J.C.- contempt petition is filed for noncompliance of the order dated 12.07.2019 passed in L.P.A. No. 109 of 2018.

Directions of this Court reads as under:- "In the light of above, we agree with

Patna High Court MJC No.1335 of 2020(2) dt.17-08-2023 2/2 the findings of the learned Single Judge that there were procedural violations, but in view of the fact that the respondent- petitioners were beneficiaries of a selection on account of incorrect depiction of marks, the authorities ought to have put the respondent-petitioners to notice about such facts including the Inquiry Report before having proceeded to terminate their services. The appeals are, therefore, disposed of by modifying the order of the learned Single Judge to the effect that the appellants shall now afford a fresh opportunity to the respondent-petitioners to give a reply to all the allegations after supplying them a copy of the Inquiry Report by giving a fresh show cause notice and any other available relevant document and then pass appropriate orders after considering the reply of the respondent-petitioners in accordance with law within a reasonable time. All the appeals stand disposed of accordingly."

2. Learned counsel for the respondents on instruction submitted that on 29.01.2021 aforementioned direction has been complied, therefore, the present M.J.C.-Contempt Petition stands dropped reserving liberty to the petitioner to assail such of those adverse order stated to have been passed by the concerned authority in accordance with law.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) rakhi/- U