RAZIYA PERWEEN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioners were originally Siksha Mitra. In the year 2006, they were then made Panchayat Teachers. They challenge the order of the District Superintendent of Education dated 3.4.2010 (Annexure-1), by which they have been terminated on the ground that their appointment was illegal. The impugned order does not state that what was the illegality. Petitioners' further grievance is that they were not even noticed in the matter nor granted opportunity of hearing before such a finding was recorded on basis of some ex parte enquiry and, thus, the action taken is wholly without jurisdiction and in violation of principles of natural justice. Yet, another question has been raised as to the authority of the District Superintendent of Education to get conducted such an enquiry and pass such an order of termination in this regard. It is submitted that Petitioners are appointed by the Panchayat Samiti, who have a disciplinary control in the matter, as such, the District Superintendent of Education has no authority. It is further submitted that once the Petitioners were appointed as Siksha Mitra their appointment having been extended and ultimately absorbed as permanent Panchayat Teachers. The question of validity of their initial appointment could be gone into at this late stage by the District Superintendent of Education.

(2.) Without going into these questions, in view of the fact that Petitioners have been terminated and/or their appointment having been found illegal and, consequentially, terminated by the District Superintendent of Education and, that too, without notice and hearing to the Petitioners, the order which has a lot of civil consequences, having been passed in gross violation of principles of natural justice is required to set aside and is set aside as such. The consequence thereafter is that Petitioners would be deemed to be in service all along. In case the District Superintendent of Education thinks that he is competent authority to take such an action, he is free to take such an action in accordance with law, after noticing the parties and hearing them. While doing so, he will have to consider the issues as raised and noted above in this order as well.

(3.) With these observations and directions, the writ petition is disposed of.