Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15912 of 2012 ====================================================== Raushan Ara D/O Abdul Majeed , W/O Md. Ayub R/O Vill-Parsa, P.O.- Rampatti, P.S.-Rajnagar, Distt-Madhubani Versus 1. The State Of Bihar Through Its Principal Secretary, Human Resources Development Bihar, Patna 2. The Director, Primary Education , Bihar, Patna 3. The Regional Deputy Director Of Education , Darbhanga Division , .... .... Petitioner/s Darbhanga 4. The District Magistrate Madhubani 5. The District Education Officer, Madhubani 6. The District Superintendent Of Education , District-Madhubani 7. The Block Education Extension Officer, Block-Rajnagar, Distt- Madhubani 8. The Panchayat Secretary, Gram Panchayat Raj Kaithahi, Block-Rajnagar, Distt-Madhubani 9. The Mukhiya , Gram Panchayat Raj Null Kaithahi Block, Rajnagar, Distt- Madhubani 10. The Headmaster , Primary Mktab Kaithahi Nasiruddin Tola, Rampatti, Block-Rajnagar, Distt-Madhubani .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.16072 of 2012 ====================================================== Phool Dai Kumari Daughter Of Bhagwat Prasad Singh Wife Of Jagat Lal Mahto Resident Of Village- Adalpur, P.S.- Madhepur, District- Madhubani Versus 1. The State Of Bihar Through Its Principal Secretary, Human Resource Development Department, Bihar, Patna 2. The Director, Primary Education, Bihar, Patna 3. The Regional Deputy Director Of Education, Darbhanga Division, .... .... Petitioner/s Darbhanga 4. The District Magistrate, Madhubani 5. The District Education Officer, Madhubani 6. The District Superintendent Of Education, District- Madhubani 7. The Block Education Extension Officer, Block Lakhnaur, District- Madhubani 8. The Panchayat Secretary, Gram Panchayat Raj, Behat North, Block Lakhnaur, District- Madhubani 9. The Mukhiya, Gram Panchayat Raj, Behat North, Block- Lakhnaur, District- Madhubani 10. The Headmaster, Primary School Adalpur, Gram Panchayat Raj Behat North, Block- Lakhnaur, District- Madhubani
Legal Reasoning
Patna High Court CWJC No.15912 of 2012 (2) dt.21-02-2013 2/5 .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.23442 of 2012 ====================================================== Mehrun Nisa Wife Of Ainul Haque Ansari, Daughter Of Md. Islam Ansari Resident Of Village - Rewari, Post Office - Chaora Mahrul, Police Station - Jhanjharpur, District - Madhubani Versus 1. The State Of Bihar Through Its Principal Secretary, Human Resource Development Bihar, Patna 2. The Director, Primary Education, Bihar, Patna 3. The Regional Deputy Director Of Education, Darbhanga Division, .... .... Petitioner/s Darbhanga 4. The District Magistrate, Madhubani 5. The District Education Officer, Madhubani, District - Madhubani 6. The District Superintendent Of Education, District - Madhubani 7. The Block Education Officer, Block Jhanjharpur, District - Madhubani 8. The Panchayat Secretary, Gram Panchayat Raj Pipraulia, Block Jhanjharpur, District - Madhubani 9. The Mukhiya, Gram Panchayat Raj Pipraulia, Block Jhanjharpur, District - Madhubani 10. The Headmaster, Utkramit Middle School (Urdu) Pipraulia, Block Jhanjharpur, District - Madhubani .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.23554 of 2012 ====================================================== Hamida Khatoon D/O Abdur Rashid Resident Of Village- Chhaurahi, P.S.- Babubarhi, District- Madhubani Versus 1. The State Of Bihar Through Its Principal Secretary, Human Resources Development, Bihar, Patna 2. The Director, Primary Education, Bihar, Patna 3. The Regional Deputy Director Of Education, Darbhanga Division, .... .... Petitioner/s Darbhanga 4. The District Magistrate, Madhubani 5. The District Education Officer, Madhubani 6. The District Superintendent Of Education, District Madhubani 7. The Block Education Extension Officer, Block- Babubarhi, District- Madhubani 8. The Panchayat Secretary, Gram Panchayat Raj, Chhaurahi, Block- Babubarhi, District- Madhubani 9. The Mukhiya, Gram Panchayat Raj, Chhaurahi, Block- Babubarhi, District- Madhubani Patna High Court CWJC No.15912 of 2012 (2) dt.21-02-2013 3/5 10. The Headmaster, Government Of Primary Makhtab, Chhaurahi, Block- Babubarhi, District- Madhubani
Legal Reasoning
.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.23560 of 2012 ====================================================== Anita Kumari D/O Sri Jibachch Yadav, W/O Budh Narayan Yadav Resident Of Village- Piprahi, P.S. Laukahi, District- Madhubani Versus 1. The State Of Bihar Through Its Principal Secretary, Human Resources Development, Bihar, Patna 2. The Director, Primary Education, Bihar, Patna 3. The Regional Deputy Director Of Education, Darbhanga Division, .... .... Petitioner/s Darbhanga 4. The District Magistrate, Madhubani 5. The District Education Officer, Madhubani 6. The District Superintendent Of Education, District Madhubani 7. The Block Education Extension Officer, Block- Laukahi, District- Madhubani 8. The Panchayat Secretary, Gram Panchayat Raj, Jhauhri, Block- Laukahi, District- Madhubani 9. The Mukhiya, Gram Panchayat Raj, Jhauhri, Block- Laukahi, District- Madhubani 10. The Headmaster, Government Girls Primary School, Piprahi, Block- Laukahi, District- Madhubani .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.22892 of 2012 ====================================================== Savitri Devi W/O Upendra Ram R/O Vill-Alola, P.S.-Ghoghardiha, Distt- Madhubani Versus 1. The State Of Bihar Through Its Principal Secretary, Human Resource Development , Bihar, Patna 2. The Director, Primary Education, Bihar, Patna 3. The Regional Deputy Director Of Education, Darbhanga Division, .... .... Petitioner/s Darbhanga 4. The District Magistrate, Madhubani 5. The District Education Officer, Madhubani, Distt-Madhubani 6. The District Superintendent Of Education , Distt-Madhubani 7. The Block Education Officer, Ghoghardiha, Distt-Madhubani 8. The Panchayat Secretary, Gram Panchayat Raj Basuari, Block Ghoghardiha, Distt-Madhubani 9. The Mukhiya , Gram Panchayat Raj Basuari, Block-Ghoghardiha, Distt- Patna High Court CWJC No.15912 of 2012 (2) dt.21-02-2013 4/5 Madhubani 10. The Headmaster, Primary School, Piprakamalpur, Distt-Madhubani .... .... Respondent/s ====================================================== Appearance : (In CWJC No.15912 of 2012) For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Respondent/s : Mr. Shyam Kishor Sharma Ga3 (In CWJC No.16072 of 2012) For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Respondent/s : Mr. Madhuresh Prasad Gp12 (In CWJC No.23442 of 2012) For the Petitioner/s : Mr. For the Respondent/s : Mr. (In CWJC No.23554 of 2012) For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Respondent/s : Mr. Jawahar Pd. Karn Aag4 (In CWJC No.23560 of 2012) For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Respondent/s : Mr. Rajiv Roy Gp5 (In CWJC No.22892 of 2012) For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 2 21-02-2013
Decision
All the writ petitions are taken up together as the issues involved in the case are common. The petitioners were appointed either as Panchayat teacher or as Block teachers. The petitioners state that they have been removed from service without affording opportunity of hearing. The petitioners submit that no show cause was issued prior to passing of the removal order. In some cases, directions have been issued by the higher authorities to terminate their services. As the petitioners have been removed from service without affording them opportunity of hearing, the impugned Patna High Court CWJC No.15912 of 2012 (2) dt.21-02-2013 5/5 order is set aside with liberty to the respondents to proceed afresh in accordance with law after giving each of the petitioners an opportunity of hearing. Petitioners will stand reinstated in service. The writ petitions are allowed to the extent mentioned above. Shashi. (Samarendra Pratap Singh, J)