Farhana Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8685 of 2015 ====================================================== Farhana Khatoon, daughter of Sadre Alam, resident of Village- Bisharia, P.O.- Akarthapa, P.S.- Bhargawan, District- Araria. .... .... Petitioner.

Versus

1. The State of Bihar through Secretary, Education Department, Bihar, Patna.

2. The Director, Primary Education, Bihar, Patna.

3. The District Education Officer, Araria.

4. The Block Development Officer, Bhargawan.

5. The Block Education Officer, Bhargawan, District- Araria. .... .... Respondents.

====================================================== Appearance :

For the Petitioner/s : Mr. Obaidur Rahman, Advocate For the Respondent/s : Mr. Aag12 R. N. Dubey ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 14-12-2015 Heard learned counsel for the petitioner and the respondents.

The petitioner is a Panchayat Teacher. She is aggrieved by order dated 13.02.2015 passed by the Block Development Officer, Bhargawan, Araria by which the petitioner has been suspended.

The petitioner submits that the impugned order is in teeth of Bihar Panchayat Primary Teacher (Employment and Service Condition) 2006.

It is not in dispute that charge memo was not served within 90 days of the passing of the order of suspension. In this view of the matter, the impugned order of suspension is bad in law

Patna High Court CWJC No.8685 of 2015 (4) dt.14-12-2015 2 / 2 and is set aside with liberty to the respondents to proceed afresh in accordance with law.

It goes without saying that the consequent order with respect to salary would be considered forth-with in accordance with law.

This writ application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U