Anil Kumar Vs The State of Bihar

30.08.2019 issued by Panchayat Secretary, Gram Panchyat Raj Chilbili, Block - Kudra, District Kaimur (Bhabua) whereby and where under the petitioner has been dismissed from the post of Panchayat Teacher, Primary School Lalapur, Block - Kudra, District - Kaimur (Bhabua) on the ground of forge certificate. A

¶28

Patna High Court CWJC No.7023 of 2021(5) dt.03-12-2024 2/6

¶29

copy of memo dated 30.08.2019 is annexed as ANNEXURE-1 to this application.

¶30

(ii) To direct the respondents to pay arrears of salary to the petitioner since June 2019 till date with statutory interest as well as current salary on month to month basis.

¶31

(iii) To direct the respondents to reinstate the petitioner on his respective post with all the consequential and monetary benefits.

¶32

The factual matrix of this case leading to the

¶33

filing of the instant writ petition is as follows:-

¶34

Under Panchayat Shiksha Mitra (Appointment on Contracts) Guidelines (Amended), 2004, a Notification No. 1458, dated 11^th of August, 2004 was published for selection and engagement of eligible candidates as Panchayat Shiksha Mitra at Panchayat level. The petitioner belongs to Scheduled Caste category and passed Intermediate examination in 3^rd division. He applied for the post of Panchayat Shiksha Mitra from Gram Panchayat Raj Chilbili, Block-Kudra, in the District – Kaimur (Bhabhua). The petitioner was appointed as Panchayat Shiksha Mitra in Primary School, Lallpur on 13^th of June, 2005. He joined his post on 1^st of August, 2005 and since then he was discharging his duties. Subsequently in place of Panchayat Shiksha Mitra (Employment on Contracts) Guidelines

¶35

Patna High Court CWJC No.7023 of 2021(5) dt.03-12-2024 3/6

¶36

(Amended), 2004, Bihar Panchayat Elementary Teachers (Appointment and Service Conditions) Rules, 2006 came in to force and the petitioner was absorbed as a Panchayat Teacher in the same school. Subsequently, in the year 2014, a Public Interest Litigation bearing C.W.J.C. No. 15459 of 2014 (Ranjeet Pandit & Anr. v The State of Bihar & Ors.) was filed before this Court, alleging, inter alia, that several Panchayat Teachers were appointed on the basis of forged documents. The said writ petition was disposed of on 5^th of December, 2016, directing the respondents authority to enquire into the matter and take appropriate action against the persons who allegedly were appointed on submission of forged academic certificates. Subsequently, on 26^th of June, 2019, an FIR was lodged against the petitioner and others under Sections 420, 467, 468, 471 and 120B of the IPC alleging inter alia that the petitioner got appointment on the basis of mark-sheet having Roll Code - 1127, Roll No. 1060, claiming that he got 714 marks on Bihar Secondary Education Board Examination, Patna.

¶37

It is contended on behalf of the petitioner that he appeared in secondary examination conducted by Bihar Secondary Education Board, Patna, having his Roll No. 10160 and not 1060 as alleged and he passed the said examination in

¶38

Patna High Court CWJC No.7023 of 2021(5) dt.03-12-2024 4/6

¶39

3^rd division getting 394 marks. Thereafter, on 30^th of August, 2019, the Panchayat Secretary of the concerned Panchayat issued letter removing the petitioner from his post with immediate effect. According to the petitioner, he was not directed to submit any show cause before the decision of removal from his post being taken by the Panchayat Secretary. No departmental proceeding was initiated against him and he was also not a party to C.W.J.C. No. 15459 of 2014. Therefore, the impugned order of removal is arbitrary, inoperative, and violative of Articles 14, 16 and 21 of the Constitution of India.

¶40

Learned Advocate on behalf of the petitioner refers to Bihar Panchayat Prarambhik Shikshak (Niyojan Awam Seva Sharten) Niyamawali, 2012. Rule 15 (छ) of the said Rule delineates the procedure for departmental action. The said Rules runs thus:-

¶41

(छ) अनुशासननक काररवाई.- (i) नवदालय से आदतन अनुपनससतरहने, बचचोकोप्रतानडतकरनेअसवाअनयकारणो सेननयोनजतनशककोएवंअनुदेशकोकेनवरदनकसीअनयप्रकार केप्रापतआरोपकेसमबनधमेननयोजनइकाईकेसनचवकेदारा सपषटीकरणपूछाजायेगा।सपषटीकरणप्रापतहोनेपरउसकी समीकाकरननयोजनसनमनतकेअधयककीअनुमनतसेनवभागीय काररवाईप्रारंभकीजायेगी।नकसीमामलेमेजेलजानेअसवा प्रसमदृषटयासरकारीरानशकेगबनकेदोषीपायेजानेपरउसे ननलनमबतनकयाजायेगा।अनयमामलेमेनवभागीयकाररवाईकी जायेगी।ननलमबनअसवानवभागीयकाररवाईकेक्रममेआरोप पत्रगनठतकरजाँचपदानधकारीसेजाँचकराईजायेगीतसा दोषीपायेजानेपरउनहेननमनदंडनदयेजासकेगे:लघुदंड-(i) नननदन (ii) प्रोनननतपररोक (iii) वेतनवृद्नधपररोक (असंचयातमक/संचयातमक) वृहतदंड-(i) ननमनपदपरअवननत

¶42

Patna High Court CWJC No.7023 of 2021(5) dt.03-12-2024 5/6

¶43

(ii) सेवाचयुनतजोभनवषयमेनकसीननयुनकत/ननयोजनहेतुननरहरता नहींहोगी।

¶44

(iii) परनतुयहभीनकनकसीअनयमामलेनवशेषमेनवशेषकारण सेअनभनलनखतरपसेअनयकोईदणडअनधरोनपतनकयेजा सकेगे।

¶45

(iv) आरोपप्रमानणतहोनेपरद्नवतीयकारणपृचछाकेपशचात् वृहतदणडनदयेजासकेगे। (v) ननलमबनअवनधमेननयतवेतनकी 50% रानशजीवन ननवारहभताकेरपमेदेयहोगी। (vi) दंडसमबनधीआदेशननयोजनसनमनतकेसनचवकेहसताकर सेननगरतहोगा।इसआदेशमेउनतथयोकापूणरबयोराहोगा नजसकेकारणनशकक/अनुदेशककोप्रासंनगकदंडकेयोगयपाया गयाहै।)

¶46

Plain reading of the above-mentioned Rule clearly states that before taking any departmental action, the concerned teacher shall be directed by the Secretary of the Appointment Unit to submit a reply to the show cause and on receipt of the show cause, the Chairman of the Appointment Unit shall examine the show cause and take decision as to whether the departmental action shall be taken against the concerned delinquent teacher or not.

¶47

In the instant case, the petitioner was terminated by Panchayat Secretary without holding any departmental eqnuiry on the basis of Rule 15 (छ) of Bihar Panchayat Prambhik Shikshak (Niyojan & Seva Sarte) Niyamwali, 2012.

¶48

Having regard to the aforesaid facts and circumstances of the case, the order of termination of the petitioner is set aside. The petitioner is directed to reinstate in service. Monetary benefits to the petitioner for the period during

¶49

Patna High Court CWJC No.7023 of 2021(5) dt.03-12-2024 6/6

¶50

which he remained terminated shall abide by the enquiry which would be conducted by the respondents, if so advised, after due notice.

¶51

It is clarified that the inquiry, if any, shall be conducted in accordance with the prescribed procedure and law in that regard and thereafter a final decision shall be taken expeditiously after affording opportunity of hearing to the petitioner.

¶52

With the aforesaid direction, the instant petition stands disposed of, on contest, however, without costs.

¶53

(Bibek Chaudhuri, J)

¶54

skm/-

¶55

U

Anil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sunil Kumar Shukla Vs The State of Bihar through Superintendent of Police, Vaishali, Hajipur

Union of India through Secretary Department of Home Vs Braj Bhuwan Singh, S/O Hari Singh

Prem Prasad @ Prem Prasad Gupta Vs The State of Bihar

Krishna Kumar Vs The State of Bihar

Dr. Chiranjib Jha Vs The State of Bihar

Sunita Devi Vs The State of Bihar