Petitioners contest removal and non-release of salary. Court directs salary release during employment and imposes mandatory hearing requirement before any removal action under the Director's order.
Directed to release petitioners' salaries for the period during which they are working until any further action after due hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18200 of 2021
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Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ten Bahadur Singh, Sr. Adv. Mr. Rajeev Kumar Singh, Adv. For the State : Smt. Binita Singh, SC 28
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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
4 04-01-2023
petitioner was appointed and in 2017 there was no objection raised by any person relating to his appointment. His salary was not released and they approached the District Appellate Authority, who passed an order in their favor directing the respondent to release their salary. Thereafter, the salary was not released and the Director has passed an order on 09.09.2021, directing their employment units to take steps for removing the
Patna High Court CWJC No.18200 of 2021(4) dt.04-01-2023 2/2
petitioner from their service.
(Sanjeev Prakash Sharma, J)
Suraj/Item No. 58
U
1 issue framed by the court
Whether the Director could remove the petitioner from service without giving an opportunity of hearing and whether salary should be released while working.
1 provisions across 1 enactments
Anand Kumar & Ors.
The State of Bihar, through the Principal Secretary, Education Department
The Director, Secondary Education, Govt. of Bihar
The District Education Officer, Sitamarhi
Various District Programme Officers and Officials
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
