LALITA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The 16 Petitioners have challenged the order dated 14.2.2008 passed by the B.D.O., as contained in Annexure-5, by which services of all the Petitioners as Panchayat Teachers in different Panchayats of Gram Panchayat Raj Biuni Andama falling under the Bahadurpur Block, district of Darbhanga have been terminated.

(2.) Learned Counsel for the Petitioners submits that it was on telephonic instructions of the minister that orders were passed. Therefore, the same was without jurisdiction. He also submits that earlier the B.D.O. had held that appointments of the Petitioners were valid. But, on the telephonic instructions of the minister, the District Magistrate issued orders for holding an enquiry in the matter of appointment of the Petitioners and, on the basis of said orders, the B.D.O. had passed the impugned order of termination. He submits that the District Magistrate has no power to issue directions and B.D.O. has no power to pass orders for termination when once he has held that the appointments were valid and legal.

(3.) Learned Counsel for the State submits that, on the orders of the District Magistrate an enquiry was held by the S.D.O., who submitted a detailed report, vide Annexure-B to the counter affidavit, to the District Magistrate. In the enquiry report, it was found that the appointment of the Petitioners were illegal on different counts. Considering the said enquiry report, the District Magistrate issued directions on the basis of which the B.D.O. issued orders of termination.