ALOK KUMAR PATHAK Vs. STATE OF BIHAR THROUGH THE SECRETARY (PRIMARY EDUCATION) HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIAT, BIHAR

JUDGEMENT

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

(2.) PRAYER of the petitioner is for quashing the order issued by the Block Development Officer, Chhorahi, Begusarai, contained in Memo No. 581, dated 4.10.2008, whereby the Panchayat Secretary has been directed for making fresh appointment from the merit list on the post of Panchayat Shikshak of Raj Savat Gram Panchayat due to submission of resignation by Alok Kumar Pathak (petitioner) during the enquiry being conducted on receiving complaints relating to illegality in the appointment of panchayat teacher. Counsel for the petitioner has submitted that the impugned order (Annexure -1) is bad on two counts. Firstly, the ground for issuing such order by the Block Development Officer being the resignation submitted by the petitioner is non -existent. He never submitted any resignation. Secondly, the order is completely without jurisdiction. Enquiry was being conducted by the Block Development Officer in exercise of jurisdiction under Section 18 of the 2006 Rules receiving complaints regarding illegal appointment. Petitioner was noticed, but, nothing was done on account of absence of Block Development Officer. Suddenly, without any reason the enquiry was stopped and the impugned order was passed on this ground that petitioner has submitted his resignation though, in fact, he never had submitted any resignation. The first ground for issuing impugned order being non -existent, it is bad.

(3.) SECONDLY , it is submitted by the petitioner 'scounsel that impugned order is bad as it is without jurisdiction in view of the amended provision under 2008 Rules. The Bihar Panchayat Primary Teachers (Recruitment and Condition of Service) Rules, 2006 was amended by 2008 Rules. The amended 2008 Rules came in force on 25th August, 2008. Rule 18 of 2006 Rules was substituted by Rule 11 of 2008 Rules. Jurisdiction which earlier vested in the Block Development Officer under Rule 18 was now vested in the Tribunal under Rule 11 of 2008 Rules. The impugned orders have been passed by the Block Development Officer on 4.10.2008 subsequent to the coming into force of 2008 Rules on 25th August, 2008. On the date impugned order was passed, Block Development Officer had not jurisdiction to pass such order.