LAWS(PAT)-2009-1-177

KAVITA KUMARI; GUDDI RANI Vs. STATE OF BIHAR

Decided On January 12, 2009
Kavita Kumari; Guddi Rani Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

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

(2.) By order, dated 1.1.2009, it was directed that C.W.J.C. No. 16914 of 2008 and C.W.J.C. No. 16954 of 2008 will be heard alongwith C.W.J.C. No. 12683 of 2007. That order is modified. C.W.J.C. No. 12683 of 2007 will be heard separately.

(3.) In this two writ applications (C.W.J.C. No. 16914 of 2008 and C.W.J.C. No. 16954 of 2008) have challenged the order, contained in Memo No. 17 dated 30.9.2008, whereby the Block Development Officer, Roh, has cancelled their appointment as Panchayat Teachers. The petitioners were appointed and started working as Panchayat Teachers since May, 2007. Their case is that the impugned order has been issued in violation of the principles of rule of natural justice as they were never noticed before issuance of the termination order. Further, it is submitted that the order terminating their service by the Block Development Officer is completely without jurisdiction as under Rule 18 of the amended Rules of 2008 whereby any appointment, the appeal can be heard and decided by a District Level Tribunal constituted by the State Government.