IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4304 of 2009 DHARMENDRA KUMAR, SON OF RAMPRASAD SINGH, RESIDENT OF VILLAGE BAHERA KALA, P.O. JHARI, P.S. AAMAS, DISTRICT – GAYA. …………. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, GAYA. 5. THE DISTRICT PANCHAYAT RAJ OFFICER, GAYA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, GAYA. 7. THE SUB-DIVISIONAL OFFICER, SHERGHATI, GAYA. 8. THE BLOCK EDUCATION EXTENSION OFFICER, ASMAS, GAYA. 9. THE BLOCK DEVELOPMENT OFFICER, ASMAS, GAYA. 10. THE MUKHIYA JHARI PANCHAYAT ASMAS, GAYA. 11. THE PANCHAYAT SHEWAK JHARI PANCHAYAT AAMAS, GAYA. …….. RESPONDENTS. ----------- 03/ 18.07.2011 Petitioner’s prayer is for quashing of the order contained in Memo No. 06 dated 20.03.2007 issued by the Mukhiya and Secretary of Panchayat Jhari in the district of Gaya, whereby petitioner’s appointment on the post of Panchayat Shiksha Mitra has been cancelled. On the post of Panchayat Shiksha earlier one Faiyaz Ahmad was appointed. Petitioner filed a complaint regarding his forged mark-sheet. The Mukhiya and Panchayat Secretary did not consider petitioner’s complaint. Subsequently, the petitioner filed his complaint before the District Magistrate. The District Magistrate vide order dated 7.6.2005 contained in letter No. 1946 directed to appoint the petitioner in place of 2 Faiyaz Ahmad, but the Mukhiya and Panchayat Secretary did not comply the direction of the District Magistrate. Finally, the pressure was built by the Sub- divisional Officer, Sherghati and the District Magistrate, Gaya, and the petitioner was engaged on the post of Panchayat Shiksha Mitra vide order dated 21.11.2006. By tha time petitioner could join, the post of Panchayat Shiksha Mitra had already been abolished after coming into force of Bihar Panchayat Primary Teachers (Appointment and Service Conditions), Rules 2006. Despite this fact the petitioner joined on the post of Panchayat Teacher, deemed to be a Panchayat Shiksha Mitra, holding the post on 18.06.2006 and thus were absorbed on the post of Panchayat teacher. However, the impugned order dated 20.03.2007 was issued by the Mukhiya of the concerned Panchayat vide order contained in Memo No. 06, whereby petitioner’s appointment as Panchayat Shiksha Mitra has been cancelled in the light of the resolution of Selection Committee. Counsel for the petitioner submits that without any notice to the petitioner cancellation order was issued. 3 Considering the fact that there are several lacunaes and illegalities in the order including in the impugned order dated 20.03.2007, as it was passed without giving any opportunity to the petitioner. The impugned order Annexure-1 is quashed. Petitioner is given liberty to approach any other forum for the purposes of absorption on the post of Panchayat teacher as his absorption was not done on the post of Panchayat teacher. DKS/ ( Mridula Mishra, J.)