Partly allowed

Anil Rajak v. the State of Bihar and Ors.

Patna HC2 Aug 2012CWJC/13222/2012

Case brief

AI extract

What is this about?

In an instant civil writ, the Patna High Court directed the Block Development Officer to examine the petitioner's salary claim arising from wrongful termination. The court left open the source of salary payment, ordering compliance within four weeks.

What did the court decide?

Direction to Block Development Officer to examine petitioner's salary claims and pass appropriate orders.

Anil Rajak Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13222 of 2012

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====================================================== 1. Anil Rajak S/O Sri Rajo Rajak Resident Of Village - Kazi Rasalpur, Durga Asthan, Post Office - Raghunandanpur, Sub-Division - Teghra, District - Begusarai, Presently Working As Panchayat Teacher In Primary School , Nadi Kinare Julaha Tola, Chandaur, Block- Bhagwanpur, DisttBegusarai .... .... Petitioner/s Versus 1. The State Of Bihar, Through Its Principal Secretary, Human Resource Deptt., Govt. Of Bihar, Patna 2. District Magistrate, Begusarai

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S.D.O. Teghra, Distt.- Begusarai

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Block Development Officer, Bhagwanpur Block, Distt- Begusarai 5. Panchayat Secretary, Gram Panchayat Raj Chandaur, BlockBhagwanpur, Distt- Begusarai 6. The Headmistress, Upgraded Primary School, Madhepura, Nadi Kinare, Julaha Tola, Chandaur, Block - Bhagwanpur, Distt - Begusarai .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vivekanand Prasad Singh For the Respondent/s : Mr. Namrta Mishra Gp17 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 02-08-2012 Heard learned counsel for the petitioner and the State. The claim in the writ application is for arrears of salary from the date of termination i.e. 23.2.2008 till reinstatement on 17.2.2009. Learned counsel for the petitioner submits that he was an applicant in 2006 phase for appointment of teachers and joined after selection on 12.8.2007. There were no allegations, much less any proceedings but the appointment was suddenly cancelled. The petitioner represented. On

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Patna High Court CWJC No.13222 of 2012 (2) dt.02-08-2012

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4.10.2008 the Block Development Officer wrote to the District Education Officer-cum-District Programme Coordinator that there were no objections against the petitioner but yet his services had been terminated. The District Magistrate on 7.1.2009 by letter No.21 concluded that there was no complaint against the petitioner and that his termination was improper directing the Block Development Officer to make necessary corrections. The petitioner has then been reinstated.

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Rather than to ask for a counter affidavit, the petitioner placing reliance for the foundational facts on the documents of the respondents themselves, the Court is satisfied to direct that the Block Development Officer, respondent No.4, shall examine the claims of the petitioner and if what the petitioner contends be correct from the documents of the respondents themselves, pass appropriate orders for payment of salary.

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If the petitioner was wrongly prevented from discharging duties and the wrong is completely attributable to the respondents alone, he cannot be visited with the consequences. The question whether the salary to the petitioner shall be paid from the Government coffers while he may not have worked at all or from the salary of those who wrongly terminated him is left open for the respondents to consider. Let the order be complied with within a maximum

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Patna High Court CWJC No.13222 of 2012 (2) dt.02-08-2012

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period of four weeks from the date of receipt/production of a copy of this order before respondent No.4.

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The application stands disposed.

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(Navin Sinha, J)

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K.C.jha/-

Anil Rajak v. the State of Bihar and Ors.

Case brief

What is this about?

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Anil Rajak v. the State of Bihar and Ors.

Case brief

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