ANIL KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all the three writ applications, petitioners are aggrieved by the order datea 03.12.2008 passed by the District Magistrate, Araria in Miscellaneous Case No. 03 of 2008-2009, whereby the District Magistrate cancelled the appointment of the petitioners as Panchayat Teachers in Jagir Parasi Gram Panchayat in the district of Araria. The District Magistrate, Araria further directed the B.D.O. to make fresh appointments of Panchayat Teacher and to lodge the F.I.R. against the persons responsible for the irregularities.

(2.) Petitioners joined in pursuance to their appointment as Panchayat Teacher in April, 2007. Subsequently under some complaint, the enquiry was conducted by Block Development Officer, Kursakanta who found no irregularities and submitted a report to the S.D.O. which was ultimately transmitted to the District Magistrate. Subsequently vide Letter No. 135(A) dated 12.12.2007, without giving any notice or giving opportunity to the petitioners and similarly situated persons , petitioners have been terminated. The said order of termination came to be challenged before this Court in C.W.J.C. No. 680 of 2008. The said writ application was disposed off on 12.02.2008 by quashing the order of termination as well as the enquiry report with a direction to the District Magistrate, Araria to consider the issue of the legality of the appointment of the petitioners in accordance with law and take a fresh decision within a period of 12 weeks in following words:-

(3.) in pursuance to the aforesaid order of this Court, the District Magistrate, Araris, in Miscellaneous Case No. 03 of 2008-2009 vide order dated 03.12.2008 cancelled the appointment of all the 18 Panchayat Teachers on finding irregularities in the appointment and directed the B.D.O., Kursakanta to make fresh appointment and also directed to lodge the F.I.R. against the persons responsible for committing the irregularities as contained in Annexure-12 which is the impugned order in the present proceeding.