Petitioner sought mandamus to deny salary to a terminated public servant. The court dismissed the writ application, finding no material for subjective satisfaction or finding on illegality of appointment, as show cause alone is insufficient.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11287 of 2012
====================================================== 1. Smt. Arti Devi W/O Shri Sunil Singh R/O Vill.- Dulahpur, P.O.Sulahpur, P.S.- Simri, Distt.- Buxar .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Director, Primary Education, Bihar, Patna 3. The District Magistrate, Buxar 4. The District Education Officer, Buxar 5. The District Programme Officer (Establishment), Buxar 6. The Block Education Officer, Simri, Buxar 7. The Secretary Null Dulahpur Panchayat, Simri, Buxar 8. Ras Bihari Yadav S/O Agnu Yadav R/O Vill.- Khandhara, P.O.Dulahpur, P.S.- Simri, Distt.- Buxar .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shree Kant Pandey For the Respondent/s : Mr. Kaushal Kr. Jha Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 05-07-2012 Heard learned counsel for the petitioner and the State. The petitioner stated to be the Mukhiya of Dulahpur Panchayat, Simri in the District of Buxar desires mandamus that respondent No.8 be denied salary since he has been terminated on 8.2.2011. Learned counsel for the petitioner submits that show cause notice was issued by registered post which respondent No.8 refused to receive. A second show cause notice was given in like manner also denied acceptance. On 13.2.2011 the relevant Committee met and approved. In spite of terminating the District Education Officer paid no heed to
Patna High Court CWJC No.11287 of 2012 (2) dt.05-07-2012
2
it.
The Court has perused the resolution dated 8.2.2011 of termination. It contains no discussion how the relevant Committee was satisfied with regard to the illegality of the appointment. A show cause does not amount to a final order. Even if respondent No.8 did not reply, there had to be a finding along with reasons to the satisfaction of the concerned Committee when failure of respondent No.8 to reply may have also led to an adverse inference. The adverse inference cannot be a substitute for a finding on merits. There is no material on record for any subjective satisfaction and finding on the illegality of the appointment.
The writ application is frivolous and is dismissed.
(Navin Sinha, J)
K.C.jha/-
2 issues framed by the court
Whether the termination of salary to a terminated public servant under a writ of mandamus seeking direction to deny salary.
Whether a show cause notice without a reasoned finding on illegality of appointment is sufficient to support termination of employment.
Smt. Arti Devi
The State Of Bihar
The Director, Primary Education, Bihar, Patna
The District Magistrate, Buxar
The District Education Officer, Buxar
The District Programme Officer (Establishment), Buxar
Navin Sinha
As recorded by the court registry
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