RENU CHAKRAVARTY Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) PETITIONER was appointed on the post of Panchayat Teacher vide Memo No. 6 dated 10.2.2007 and posted in Primary School, Khikharipatti, Bisfi in Gram Panchayat Raj, Aunsi Bahangama South, in the district of Madhubani. She was paid ner salary in June 2007 but in the month of July, 2007 she was informed by the Headmaster regarding her removal from service and one Rekha Kumari was appointed on the post. Petitioner then filed C.W.J.C. No. 7328 of 2008, challenging the cancellation of her appointment. The writ application was disposed of by order dated 6.5.2008 with a direciton to approach the B.D.O., who was the competent authority under Bihar Panchayat Primary Teacher&aposs (Appointment and Service Conditions) Rules, 2006. The B.D.O. was also directed to issue notice to all concerned, and then, dispose of the complaint/representation, filed by the petitioner, within a period of six months by a reasoned order. In the light of the order passed in the writ application the B.D.O., Bisfi passed a reasoned order dated 26.9.2008. In this order it was held that the petitioner will be deemed to be continuing on her post since, she was not removed from her post in the legal manner. A direction was issued to make payment of salary to the petitioner, the order passed by the B.D.O. was sent to all concerned authorities by letter dated 2.12.2008 for its compliance.

(3.) ON perusal of the annexure with the writ application, it is apparent that in the light of the order passed by the B.D.O. the District Superintendent of Education, Madhubani and D.E.O. are continuously directing the Panchayat Secretary to make payment of arrears of salary to the petitioner as well as current salary. The Mukhiya of concerned Gram Panchayat is also making complaint to the D.S.E. and D.E.O. regarding the arbitrary behaviour of the Panchayat Secretary, who is willingly and intentionally disobeying the direction of the superior authorities. It is surprising that an employee likes Panchayat Secretary, has got courage to disobey the commands/ directions of his superior authorities and even, then, no disciplinary action is being taken against him. Simply, in the letters issued by the authorities it is stated that disciplinary action will be taken against the Panchayat Secretary but, till date none of the authorities have either initiated any departmental proceeding against him nor any action has been taken for his illegal acts.