MEERA KUMARI Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) On 25.7.2014, while adjourning the case for four weeks to file counter affidavit, the Court made it clear that pendency of the writ petition shall not be treated as stay of the impugned order of the District Superintendent of Education, Munger dated 15.09.2010. Thereafter on 29.08.2017 prayer was made on behalf of the petitioner for adjournment. Thereafter on 21.11.2017 no one had appeared on behalf of the petitioner. For the last two days when the case was called out, no one had appeared on behalf of the petitioner. Under the aforesaid circumstances in order to facilitate counsel for the petitioner to assist the Court, the case has been listed today under the heading "For Dismissal" to provide one more opportunity to assist the court but unfortunately today also no one has appeared to assist the Court.

(2.) The petitioner has filed the present writ petition challenging the order dated 15.09.2010 passed by the District Superintendent of Education, Munger, whereby the petitioner was dismissed from the service. From the pleadings it appears that the main contention of the petitioner is that the order of termination is bad for non-initiation of departmental proceeding consistant with the requirement of Article 311 of the Constitution of India.

(3.) On behalf of the respondents a counter affidavit has been filed, wherein the respondents, in paras-5 to 11, have taken the following stands: