Bijali Prabha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15863 of 2019 ====================================================== Bijali Prabha D/o Srikant Mandal,W/o Sri Niroj Kumar, Es.Panchyat Teacher,Primary School Mohania,PS and Dist.Supaul.R/o Village Post Sardar Patel Nagar,Ward No.26,PS and Dist.Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary,Panchayati Raj,Govt. of Bihar.

2.

The Principal Secretary, Human Resources,Govt. of Bihar,Patna 3.

The District Magistrate, Supaul.

4.

The Superintendent of Police, Supaul,Dist.Supaul 5.

The Deputy Superintendent of Police, Vigilance Investigation Bureau,Patna 6.

The Deputy Superintendent of Police, Supaul,Dist.Supaul. 7.

The District Education Officer, Supaul,Dist.Supaul 8.

The District Programme Officer, Establishment,Supaul 9.

The Block Education Officer, Supaul,Dist Supaul 10.

The Panchayat Secretary-cum Member Secretary, Panchayat Niyojan Samiti,Goth Baruyari Panchyat Raj, Block Supaul,Dist.Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Sharan Kumar Mr. Dinkar Kumar Mr.Ajit Kumar For the Respondent/s :

Smt. Binita Singh (Sc28) Mr. N.K. Jhar, SC 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-08-2019 The issue raised in the present writ application is no more res integra.

A division bench of the Court has decided the issue of termination without compliance of principle of natural justice. Considering the decision of the LPA Court in LPA No. 501 of 2017, the present application is allowed. The order

Patna High Court CWJC No.15863 of 2019(2) dt.06-08-2019 2/2 contained in Annexure-2 series is quashed.

The petitioner is entitled to reinstatement. However, payment shall abide by final outcome of the enquiry conducted by the respondents with regard to legality and validity of the appointment of the petitioner.

Necessary decision in this regard may be taken by the respondents within a period of four months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U