← Library
Patna High CourtCWJC/20674/2018allowed

Rajesh Singh v. The State Of Bihar

2019-01-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20674 of 2018 ====================================================== Rajesh Singh, son of Ramdev Singh, resident of village-Mohanpur Nagwa, P.S. Imamganj, District-Gaya ... ... Petitioner/s

Versus

The State of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar Choudhary For the Respondent/s :

Mr. Madanjeet Kumar, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2019 The present writ petition has been filed for quashing the order of termination dated 12.03.2018 passed by the respondent no. 7, whereby and whereunder the services of the petitioner as Panchayat Teacher has been terminated on the ground of having produced the forged certificate. The learned counsel for the petitioner submits that the petitioner has been terminated from his services without affording an opportunity of hearing since not even a show has been asked for from the petitioner before passing of the termination order. It is further submitted that the case of the petitioner is squarely covered by the judgment of learned Division Bench passed in L.P.A. No. 501 of 2017 on 14.11.2017.

The learned counsel for the respondents do not

Patna High Court CWJC No.20674 of 2018(2) dt.15-01-2019 2/2 dispute the position as is existing in law.

Having regard to the facts and circumstances of the case, the writ petition is allowed and the order dated 12.03.2018 passed by the respondent no. 7 is quashed and the respondents are granted liberty to proceed in accordance with law. It is further directed that the petitioner should be reinstated and thereafter they should proceed in the matter in accordance with law, however, for the intervening period, no salary shall be paid to the petitioner but the same would be dependent upon the final outcome of the proceedings to be undertaken and concluded by the respondents.

(Mohit Kumar Shah, J) S.Sb/- U