Dharm Chandan Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23996 of 2019 ====================================================== Dharm Chandan Rajak Son of Ram Kishun Rajak Resident of Ward No.8, Baghamara, Police Station- Jasidih, District- Deoghar, Jharkhand. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Education, Govt. of Bihar, Patna. 3.

The District Magistrate, Jamui.

4.

The District Education Officer, Jamui.

5.

The District Programme Officer (Establishment Education), Jamui. 6.

The Block Education Officer-cum-Conducting Officer, Giddhour, Jamui. 7.

The Block Education Officer-cum-Presenting Offier, Ali Ganj, Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash For the Respondent/s :

Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-12-2019 Heard the learned counsel for the petitioner and the State.

The services of the petitioner has been terminated by order dated 31.07.2019 passed by the District Programme Officer, Establishment / Education,

Patna High Court CWJC No.23996 of 2019(2) dt.03-12-2019 2/3 Jamui.

The order does not depict anything on which this Court could apply its mind. All that the order narrates is that the petitioner was subjected to a criminal prosecution in which he has been convicted and sentenced. There is no reference of any material collected in the departmental proceeding. Why the services of the petitioner has been terminated has also been left in the realm of guess-work.

This Court is not in a position to understand the drift of the order except for the fact that it reflects that the services of the petitioner has been terminated. The order is absolutely non-speaking and therefore cannot be sustained in the eyes of law. Notwithstanding the provision of appeal before the Regional Deputy Director of Education, since the order does not state anything, this Court deems it appropriate and sets it aside.

The case is remitted to the Respondent No. 5 /

Patna High Court CWJC No.23996 of 2019(2) dt.03-12-2019 3/3 the District Programme Officer, Establishment / Education, Jamui to write out a fresh order in accordance with law, within a period of 60 days from the date of production/receipt of a copy of this order.

The writ petition stands allowed to the extent indicated above.

(Ashutosh Kumar, J) skm/- U