The Patna High Court held that the Tribunal's direction for an enquiry into teacher appointments was not in excess of its powers and that the petitioner's service remained subsistent pending the enquiry outcome.
Direction to comply with Tribunal order within six months; petitioner's service remains subsistent pending enquiry outcome.
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Patna High Court CWJC No.10609 of 2012 (2) dt.25-06-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10609 of 2012
====================================================== Nikhil aged about 27 years, S/O Sri Shashi Bhushan Dubey Asst. Teacher, Balika High School, Jhajha, P.O.+P.S.Jhajha, Distt-Jamui
.... .... Petitioner Versus 1. The State Of Bihar 2. The Member, District Teacher Appointment And Appellate Tribunal Jamui 3. The Director, Secondary Education , Human Resources Development Department Govt. Of Bihar, Patna
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Singh For the Respondent/s : Mr. Anjani Kumar AAG-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 25-06-2012 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by order dated 08.09.2011 passed by the District Teachers Appointment Appellate Tribunal in Appeal No. 65 of 2011 disposed with analogous cases. Learned counsel for the petitioner submits that the Tribunal heard several claims for appointment on the post of Nagar Panchayat Middle School Teachers at Jhajha. In so far as
Patna High Court CWJC No.10609 of 2012 (2) dt.25-06-2012
the petitioner is concerned, respondent no. 9 had lesser marks than him and there was no illegality in the selection of the petitioner. For a valid selection, the petitioner was not even given any notice and opportunity to defend himself. The Tribunal has ex parte arrived at a finding of illegality in the appointment and directed removal. No notice was served upon them by the Officer of the Department for entering appearance. Appointments of 2008 have been sought to be questioned in the year 2011.
It was alternatively submitted that even if the Tribunal has directed an enquiry into the appointment unless and until it is first completed in accordance with law, the service of the petitioner cannot be interfered.
Learned counsel for the State submits that the matter related to the phase 2008 appointment. After counselling the sixth merit list was published as late as 01.08.2011. The Tribunal has not directed termination of any appointments. Because of lack of proper assistance for adjudication, it has only directed examination and scrutiny of the appointments made.
Having considered the submissions made on behalf of the parties and having perused the order of the Tribunal, the Court holds that the observations of the Tribunal are more in the nature of an adverse inference in absence of necessary
Patna High Court CWJC No.10609 of 2012 (2) dt.25-06-2012
assistance being rendered to it by the official respondents by filing proper replies and producing records. Drawing an adverse inference, it has prima facie opined that the appointments do appear to be in consonance with the law. No orders for termination of any have been passed. Directions have been given to the Department to scrutinize the appointments and take action in accordance with the merit list and law.
Any apprehension of the petitioner that his service has been terminated is misconceived. His continuance in service shall depend upon the result of the enquiry that the respondents are required to hold by order of the Tribunal.
On the suggestion of the State, the order of the Tribunal is directed to be complied with within a maximum period of six months from the date of receipt and/or production of a copy of this order.
The application stands disposed.
(Navin Sinha, J.)
Md. Ibrarul/-
2 issues framed by the court
Whether the direction of the Tribunal for an enquiry into appointments was erroneous.
Whether the petitioner's service was illegally terminated pending the outcome of the enquiry.
Nikhil
The State Of Bihar
The Member, District Teacher Appointment And Appellate Tribunal Jamui
The Director, Secondary Education , Human Resources Development Department Govt. Of Bihar, Patna
The Deputy Development Officer Jamui
The District Education Officer Jamui
Navin Sinha
As recorded by the court registry
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