CHANDESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the Petitioner has prayed for quashing Memo No. 766 dated 9th May, 2007 issued by the District Superintendent of Education-cum-District programme Officer, Sarv Shiksha Abhiyan, Saraikella-Kharsawan, whereby the Petitioner has been dismissed from the post of Headmaster of New Primary School, Sharma Basti, Adityapur (Gamharia).

(2.) The impugned order has been assailed mainly on the grounds that the same has been issued without informing the reason and without giving any opportunity of representation hearing to the Petitioner and that the District Superintendent of Education-cum-District Programme Officer has no jurisdiction to issue order of dismissal, as the District Programme Officer is not the appointing authority of the Petitioner. The Petitioner was initially appointed by the Village Education Committee as Shiksha Doot on 1st November, 2002. He was appointed as Headmaster of the said school w.e.f. 4th May, 2007 and since then he had been discharging his duty without any complain. Suddenly, by office order dated 9th May, 2007 (Annexure-3) the Petitioner was dismissed from the post of Headmaster without assigning any reason or without holding any enquiry whatsoever.

(3.) A counter affidavit has been filed on behalf of the Respondents, contesting the writ petition. It has been stated, inter alia, that on a complaint filed by the residents of village Sharma Basti, an enquiry was set up against the Petitioner. The enquiry was conducted by the Circle Officer and Block Development Officer, Gamharia. On enquiry, it was found that due to misconduct of the Petitioner, law and order situation of the locality was disturbed.