Shahina Perween v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20789 of 2018 ====================================================== Shahina Perween D/O Quamruddin, Resident of Village Ward No. 5 Masjid Chap, P.S. Sahay Opy Sarai, District Siwan.

.... .... Petitioner/s

Versus

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

2. Director, Jansiksha, Bihar, Patna.

3. District Magistrate, Siwan, District Siwan.

4. District Programme Officer (Sarb Shiksha Abhiyan), Siwan.

5. District Programme Officer (Establishment), Siwan.

6. Block Educational Officer, Huxxainganj under District Siwan. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Dular Sah For the Respondent/s : Smt. Shilpa Singh -Ga12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-10-2018 The learned counsel for the parties are in agreement that the present case is squarely covered by an order dated 27.03.2018 passed in CWJC No. 5951 of 2016 whereby and whereunder, the impugned order of termination was quashed with a direction to the respondents to make enquiry in accordance with law, after giving an opportunity of hearing to the petitioner and thereafter pass a final order.

In view of the agreement between the parties regarding applicability of the order dated 27.03.2018, the present writ petition is also disposed of in light of the said order dated 27.03.2018 and consequently, the order dated 28.8.2018 passed by the District Programme Officer, (Sarb Shiksha Abhiyan), Siwan whereby and whereunder the services of the petitioner have been terminated is quashed, however, with liberty to the respondents to make an enquiry in accordance with law, after giving an opportunity of hearing to the petitioner and in case petitioner's engagement is found contrary to the

Patna High Court CWJC No.20789 of 2018 (2) dt.31-10-2018 2 /2 guidelines, the respondents are required to take appropriate decision.

The writ petition is allowed.

(Mohit Kumar Shah, J) BTiwary/- U