MANU PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) In an application under Articles 226 and 227 of the Constitution, the petitioner prays for quashing Annexures 'I' and '3'. By Annexure 'I' and '3' the services of the petitioner were terminated by Smt. O. Sahay, respondent No. 6.

(2.) Respondent no. 6 was a Lady Principal of the Government Girls' High School, Arrah (Bhojpur). Before passing any order in Annexure 'I' the Lady Principal was pleased to dismiss the petitioner from service by Annexure '3' dated 26th August, 1977. In that termination letter it was mentioned that the petitioner had done many unsatisfactory works in this School and, as such, the order of termination had been passed against him. It is also mentioned that due to him an animal was killed by administering poison to it. In our opinion the allegations mentioned in Annexure '3' are Serious one and these allegations cast stigma on the character of the petitioner. It is also admitted position that no departmental enquiry was made in respect of these allegations. It is, therefore, clear that the order of termination as contained in Annexure '3' amounts to a punishment to the petitioner. Later on by an order dated 7th September, 1977 as contained in Annexure '5' the Lady Principal was pleased to withdraw the termination order as contained in Annexure '3'. By Annexure 'I' dated 27th September, 1977 i.e. after 20 days again the petitioner was dismissed from service without assigning any reason and without affording any opportunity of hearing to him. In view of these facts that serious allegations were, made against the petitioner in Annexure '3', therefore, it would be incumbent on the part of the Lady Principal to hold an enquiry into the conduct of the petitioner which has not been done in this case. Hence, we quash Annexures '1' and '3' both.

(3.) In the result, the application is allowed, the orders as contained in Annexure 'I' and '3' are hereby quashed any the petitoner is re-inatated in service with back wages from the date of order of termination. The parties shall bear their own costs.