IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13603 of 2010 1. KAMAL RAWAT S/O YUGAL KISHOR RAM R/O VILL.- BADKI SARIMPUR, P.O.- BUXAR, P.S.- BUXAR (INDUSTRY), DISTT.- BUXAR Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER- CUM-SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, PATNA 2. THE DISTRICT COLLECTOR, BUXAR 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, BUXAR 4. THE BLOCK DEVELOPMENT OFFICER, BUXAR, DISTT.- BUXAR 5. THE HEADMASTER, MADHYA VIDYALAYA, JASO WITHIN JASO PANCHAYAT, DISTT.- BUXAR 6. THE BLOCK EDUCATION OFFICER BUXAR, DISTT.- BUXAR 7. THE SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, BIHAR, PATNA ----------- 2 11/04/2011 By virtue of annexure-1 dated 3.4.2010 the District Superintendent of Education, Buxar removed all the seven persons in the background stated in the said letter. This decision came to be challenged by atleast six of the so called removed teachers in C.W.J.C. No. 7408 of 2010. That writ application was adjudicated and disposed of on 7.7.2010, a copy thereof has been annexed as annexure-2. The learned Single Judge has held that the District Superintendent of Education has no business or power to remove or take any disciplinary action against - 2 - the Panchayat teachers. To that extent the order has been declared to be illegal and passed in violation of the principles of natural justice. The Court, therefore, directed reinstatement of all those petitioners in service. Submission of the learned counsel is that the name of the petitioner figures at serial no. 2 and for some reason or the other, the petitioner could not come to this Court earlier but his case is identical to that of other petitioners of C.W.J.C. No. 7408 of 2010. Since the issue is identical and the reason given also applies to the present petitioner, this writ application is allowed. Annexure-1 so far as it relates to the petitioner is quashed. Petitioner would be reinstated in service with an observation that if the concerned authority has requisite powers and materials to take action against the petitioner, they may do so after issue of notice in this regard and after hearing the parties thereto. AMIN/ (Ajay Kumar Tripathi, J.)