Anand Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12757 of 2022 ====================================================== Anand Kumar Pandey, Male, aged about 44 years, Son of Sri Lalbabu Pandey, Resident of Village- Barahima, P.O. - Barahima Bazar, P.S. -Sidhwaliya, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Primary Education, Government of Bihar, New Secretariat, Patna.

2.

The District Education Officer, Gopalganj.

3.

The District Programme Officer (Establishment), Gopalganj. 4.

The Block Employment Unit, Barauli, P.O. and P.S. - Barauli, District - Gopalganj through its Secretary.

5.

The Block Development Officer-cum-Secretary, Block Employment Unit, Barauli, P.O. and P.S. - Barauli, District- Gopalganj. 6.

The Block Education Officer, Barauli, P.O. and P.S. - Barauli, DistrictGopalganj. 7.

The Headmaster, Middle School, Sareya Narendra (Urdu), Block- Barauli, District- Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh, Advocate For the Respondent/s :

Mr. Subhash Chandra Mishra, SC 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 15-02-2023 Heard the parties.

The petitioner by way of this writ petition has prayed as under:- "1. That, this writ petition is for setting aside the order passed and issued by Block Development Officer-cum-Secretary, Block Employment Unit, Barauli vide Memo No. 1850 dated 30.07.2022 dismissing from service with reference to the order of the District Education Officer, Gopalganj vide Memo No. 1246 Gopalganj dated 16.04.2022 purported exercise of power under the provision of Bihar

Patna High Court CWJC No.12757 of 2022(3) dt.15-02-2023 2/2 Panchayat Primary Teacher (Employment and Service Condition Rule, 2012) without issuing a show-cause and providing opportunity of hearing to defend his case in addition to the noncompliance of statutory provision contained under Clause 15 (Chh) of the said Rule, 2012 as well as the further prayer for the reinstatement in service with back wages for which he is entitle in accordance with the law and for other necessary relief/ reliefs to the basis of facts and circumstances of the case as stated, enumerated and discussed hereinafter."

Considering it that this matter is covered by the Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) PLJR 80, 2022 (2) B.L.J. 381 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this petition is disposed of with the above terms.

(Sanjeev Prakash Sharma, J) P. Kumar Item No. 32 U