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Dadan Singh v. The State of Bihar

Patna HC27 Aug 2024CWJC/7411/2021

Case brief

AI extract

What is this about?

In a writ petition challenging the removal of a Panchayat Teacher for lodging an FIR without prior notice or show-cause, the Hon'ble Court held the termination order violated constitutional rights and service rules. The order of removal was set aside, the petitioner was directed to be reinstated with back pay, and future action was left to legal proceedings. Null court, ORAL ORDER because the judg

What did the court decide?

Set aside the removal letter; reinstate the petitioner; pay arrears of salary, consequential benefits, and interest; future action left to legal authority.

Dadan Singh Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7411 of 2021

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Dadan Singh S/o-Late Mahesh Singh R/o-Vill-Jalalpur, P.S.-Karamchat Sadar, District-Kaimur (Bhabua).

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

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The Director Primary Education, Bihar,Patna.

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The District Education Officer, kaimur, (Bhabua).

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The District Programme Officer (Estt.) kaimur, (Bhabua).

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The Block Development Officer, Adhaura, District-kaimur, (Bhabua).

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The Block Education Officer, Adhaura, District-Kaimur, (Bhabua).

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The Mukhiya, Gram Panchayat Raj Aathan, Block-Adhaura, District-Kaimur (Bhabua).

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The Panchayat Secretary, Gram Panchayat Raj Aathan, Block-Adhaura, District-kaimur, (Bhabua).

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Kumar Singh, Adv. For the Respondent/s : Mr.J.K.Roy No.1, SC 13 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 27-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

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The present writ application has been filed for the following relief/s:-

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“(i) To quash the letter no-1105 dated 11.07.2019 issued by the District Programme Officer (estt.), Kaimur, Bhabhua, whereby and where under the petitioner has been removed from the post of Panchayat Teacher on the ground that F.I.R. has been lodged against her.

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(ii) To direct the respondents to pay

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Patna High Court CWJC No.7411 of 2021(4) dt.27-08-2024 2/3

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arrears of salary to the petitioner since June, 2019 till date with statutory interest as well as current salary on month to month basis.

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(iii) To direct the respondents to reinstate the petitioner on her respective post of Panchayat Teacher.”

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Earlier the petitioner was appointed on the post of Panchayat Teacher and later on by the order of the Division Bench of this Court, a Vigilance enquiry was conducted regarding appointment of Panchayat Teacher and in view of that enquiry, an F.I.R. was lodged against the petitioner and on that basis, she was removed from the post of Panchayat Teacher. It is submitted that no notice or show cause was issued to the petitioner regarding the enquiry conducted by the concerned Authority, which is violation of Articles-14, 16, 21 and 311(2) of the Constitution of India and also violation of Rule 15 (N) of Bihar Panchayat Primary Teachers (Appointment & Service Condition) Rule, 2012, which has not been denied by learned counsel for the State.

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Considering this fact that no notice/show-cause was issued to the petitioner before termination of her service, letter no.- 1105 dated 11.07.2019 as contained in Annexure-1 to this application is hereby set aside.

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The respondent-Authorities are directed to re-employ the

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Patna High Court CWJC No.7411 of 2021(4) dt.27-08-2024 3/3

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service of the petitioner from the date of her termination and pay all the consequential and monetary benefits.

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However, the concerned Authority is at liberty to proceed in the matter and take action against the petitioner in accordance with law.

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(Anjani Kumar Sharan, J)

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pallavi/-

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Dadan Singh v. The State of Bihar

Case brief

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Dadan Singh v. The State of Bihar

Case brief

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