Disposed

Lalita Kumari and Anr. v. The State Of Bihar and Ors.

Patna HC1 Jul 2014CWJC/8220/2014

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What is this about?

This writ application was disposed of to direct the District Programme Officer (Establishment), Samastipur, to act strictly in accordance with the Rules as amended by Notification dated 03.07.2009 and a previous order of the Court regarding the petitioners' apprehension of removal.

What did the court decide?

Direction to the District Programme Officer (Establishment), Samastipur to act strictly in accordance with the provisions of the Rules, as amended by Notification dated 03.07.2009, and in terms of the

Lalita Kumari and Anr. Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8220 of 2014

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====================================================== 1. Lalita Kumari, W/O Sri Ram Lala Chaudhary, R/O Village - Eman Sarai, P.O. - Sahpur Undi, P.S. - Patory, District - Samastipur. 2. Rambha Kumari, W/O Sri Mukesh Kumar, R/O at + P.O. - Gurgama, P.S. - Patory, District - Samastipur. .... .... Petitioners Versus 1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 2. The Director, Primary Education, Government of Bihar, Patna. 3. The District Magistrate, Samastipur, District - Samastipur. 4. The District Education Officer, Samastipur, District - Samastipur. 5. The District Programme Officer (Establishment), Samastipur, District - Samastipur. 6. The Block Development Officer, Patory, District - Samastipur. 7. The Block Education Officer, Patory, District - Samastipur. 8. The Panchayat Sevak-cum-Secretary, Employment Unit of Gram Panchayat Raj Eman Sarai, Block + P.S. - Patory, District - Samastipur. 9. The Mukhiya-cum-Chairman, Employment Unit of Gram Panchayat Raj Eman Sarai, Block + P.S. - Patory, District - Samastipur. .... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. Niranjan Kumar, Mr. Mrityunjay Kumar, Advocates For the Respondents : Mr. Md. N. Hoda Khan, SC 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 01-07-2014 Petitioners apprehend that they may be removed from service as they had failed twice in the Teachers’ Eligibility Test held by the respondents pursuant to the direction of the Director, Primary Education dated 28.02.2014 and follow-up order of the District Programme Officer (Establishment) contained in Memo No.1313 dated 06.03.2014.

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Learned counsel for the petitioners places reliance upon an order of this Court dated 30.08.2012 passed in a batch of

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Patna High Court CWJC No.8220 of 2014 (2) dt.01-07-2014

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cases led by CWJC NO.11059 of 2012 and submits that before passing any order of termination, the respondents are required to comply with the Principles of Natural Justice and give them an opportunity to show cause against the proposed termination. However, this is an admitted position that the petitioners have not been removed as yet.

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In the circumstances, this writ application is disposed of with a direction to the District Programme Officer (Establishment), Samastipur to act strictly in accordance with the provisions of the Rules, as amended by Notification dated 03.07.2009, and in terms of the said order of this Court.

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(Jayanandan Singh, J)

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B.T/U

Lalita Kumari and Anr. v. The State Of Bihar and Ors.

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Lalita Kumari and Anr. v. The State Of Bihar and Ors.

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