CHANDRA BHUSHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and Mr. Prabhakar Tekriwal, learned Government Advocate no. 1 appearing on behalf of the State.

(2.) IT is submitted on behalf of the petitioners that the Director, Primary Education, Bihar, Patna (respondent no.3) has passed the order, as contained in Memo No.1005 dated 22nd of June, 2001 (Annexure 8) cancelling the appointment of the petitioners right from the initial date of taking over of the School in question on 1.10.1981 pursuant to the judgment of the Civil Court in Title Suit No. 185 of 1981/26 of 1989 (Musafir Singh Vrs. State of Bihar and Others), contained in Annexure 5. Pursuant to the aforesaid order, as contained in Annexure 8, the District Superintendent of Education, Buxar (respondent no.4) has issued the consequential order vide Memo no.794 dated 5th of July, 2001 (Annexure 7) directing the petitioners to refund the salary and other emoluments, which they have received with effect from 1.10.1981. Learned counsel for the petitioners further submits that before passing of the order, as contained in Annexure 8, respondent no. 4 has issued a show cause notice, as contained in Letter No. 436 dated 22nd of August, 2000 (Annexure 3), which was replied as per the petitioners ' letter dated 14.10.2000, as contained in Annexure 6 with its supplement. However, it is submitted that the order, as contained in Annexure 8, has been passed without considering the reply submitted by the petitioners.

(3.) MR . Singh, learned counsel for the petitioners submits that the judgment pronounced in the aforesaid title suit is not binding on the petitioners. In reply, learned Government Advocate no.1 further submits that if the petitioners are aggrieved by the judgment of the Civil Court as aforesaid, the remedy was to take steps in accordance with the provisions of the Code of Civil Procedure.