SHYAM BABU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) THE short submission made in this application is that the impugned order of termination is bad on two counts. Firstly, the statutory authority, the Block Development Officer has abrogated the statutory powers under Rule 18 of the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 by acting at the dictates of the Deputy Development Commissioner, which is apparent on the face of the order. Secondly, the termination is with retrospective effect, which is not permissible in law. The law stands well settled that where the statutory authority acts without independent application of mind at the behest of another, the order is vitiated in law. The law stands equally well settled that there can be no retrospective termination.

(3.) THE impugned order dated 1.7.2008 is, accordingly, quashed. The writ application is allowed. This shall not prevent the statutory authority from proceeding afresh in accordance with law.