SANJAY KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks quashing of the letter dated 15.9.2001 of the District Magistrate, Supaul and the letters dated 22.10.2001 and 29.12.2001 of the Regional Deputy Director of Education (RDDE) Kosi Division, Saharsa containing direction for show cause notice and institution of criminal case in respect of illegal appointment of the petitioner and stoppage of salary to him. Copies of the said letters are annexures 13, 14 and 18 to the writ petition. The petitioner further seeks a consequential direction upon the respondent -authorities to allow him to work on the post and pay him salary which has been withheld since October 2001.

(2.) THE petitioner claims to have been appointed on the post of Clerk in High School, Nirmali district - Saharsa on 23.5.95. According to him there are two sanctioned posts of clerk in the school, one of which fell vacant after the transfer of Sarvesh Kumar on 17/20.2.94. The post was earmarked for the OBC as per roster. The Headmaster of the school requested the RDDE, Kosi Division to post someone in place of Sarvesh Kumar on 1.6.94. On 26.4.95 the petitioner filed representation before the RDDE to appoint him against the said sanctioned vacant post. Considering his pitiable condition his case was also recommended by an MLA. Applications were invited by publishing notice on the notice Board of the School. As the petitioner fulfilled all the criteria on 23.5.95 by memo no. 1571 he was appointed. On 25.5.95 he joined the school and started working. He also started getting salary. Provident Fund account was also opened in his name. In due course he appeared and passed the Hindi Noting and Drafting examination.

(3.) FN the meantime on complain in that regard the District Magistrate, Supaul directed the District Education Officer, Supaul to make an enquiry. It is said that though no show cause notice was issued to him, the petitioner filed a show cause before the District Magistrate. On 15.9.2001 the impugned letter was issued by the District Magistrate which was followed by the other two letters dated 22.10.2001 and 29.12.2001. At this stage he filed the present writ petition seeking quashing of the said three letters and the mandamus to allow him to work and pay him salary as indicated above.