IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10317 of 2008 Permita Kumari, D/o Ranjan Kumar Baitha, resident of Village Machhpkauni, P.S. Bela, District Sitamarhi……………………………………………………………………..Petitioner Versus 1. The State Of Bihar through the Secretary, Primary and Adult Education Department, Government of Bihar, New Secretariat, Patna. 2. The Deputy Development Commissioner, Sitamarhi. 3. The District Superintendent of Education, Sitamarhi, District Sitamarhi. 4. The Block Development Officer, Parihar Block, District Sitamarhi. 5. The Block Education Extension Officer, Parihar Block, District Sitamarhi………Respondents ------------- 2 19.09.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. By order dated 25.01.2008 as contained in Annexure-4, services of the petitioner have been terminated in terms of the order of the Deputy Development Commissioner contained in Memo No.11 dated 17.01.2008. The order only mentions that petitioner’s services have been found illegal in the light of paragraph 8 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 (as amended by Amendment Act, 2008). The order is neither speaking one nor does it 2 show as to under what circumstances appointment of petitioner has been found illegal nor does it show that petitioner was given any notice to show cause before the order was passed. The writ application was filed on 16.07.2008 with service of two copies of the same in the office of the learned Advocate General. However, till today no counter affidavit has been filed in this case. In the circumstances, the impugned order as contained in Annexure-4 is quashed. If the respondents find that there was some complaint against the petitioner or they find that appointment of the petitioner was illegal and against the Rules, they shall be at liberty to refer her matter to the statutory Appellate Authority constituted under the Rules. If they refer the same to the Appellate Authority within one month from the date of receipt/production of a copy of this order, the Appellate Authority shall call for the original records, issue notice to the concerned parties including the petitioner 3 giving them an opportunity to be heard and shall decide the matter in accordance with law positively within three months. In case after receipt of a copy of this order, respondents do not remit the matter back to the Appellate Authority within one month, petitioner shall be entitled to resume her duties and for her salary. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)