SUNIL KUMAR OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and the State.

(2.) THE petitioners were appointed as Shiksha Mitra on 15.2.2006 and acquired the status of Panchayat Shikshak on 1.7.2006 when the statutory rules regulating appointment and service conditions of Panchayat Teachers came to be promulgated. From 1.7.2006 under Rule 18 thereof, the Block Development Officer was the competent authority to examine issues of appointment of Panchayat Shikshak. The earlier authority of the District Magistrate to examine appointment of Shiksha Mitra thereby came to an end. It is the case of the petitioners that the Block Development Officer by his report dated 11th October, 2007 has held that there was no illegality in the appointment of the petitioners. The submission is, that contrary thereto, the District Magistrate ordered an inquiry by the District Education Officer who submitted a report in pursuance of which directions were issued to the Block Development Officer, who issued consequential directions on 30.4.2008 to the Panchayat Sachiv when the impugned order of termination dated 2.5.2008 has followed.

(3.) THIS Court on 6.4.2009, had required the respondents to place on record the order of the Block Development Officer dated 30.4.2008, to verify whether he acted by independent application of mind or abdicated his statutory power by acting at the behest of the District Magistrate to issue the orders of termination mechanically.