IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1983 of 2002 RAM PRAVESH SINGH, S/O SRI RAM UGRAH SINGH, R/O VILLAGE-BOARIA, P.O.-YASODA MATH, P.S.- BARURAJ, DISTRICT-MUZAFFARPUR. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, TIRHUT DIVISION, MUZAFFARPUR. 4. THE PRINCIPAL, PRIMARY TEACHERS TRAINING COLLEGE, PATAHI, MUZAFFARPUR, DISTRICT- MUZAFFARPUR. …………RESPONDENTS. For the petitioner : Mr. S.B.K.Mangalam, Adv. For the State : Mr. Sunil Kumar Mandal, SC-XV and Mr. Bipin Kumar, AC to SC-XV. ----------- 8 15.12.2009 The main issue, which arose in this Court after hearing the learned counsels for the petitioner and the respondents, was whether adequate opportunity was given to the petitioner before his services were terminated by Annexure- 5, or not. In view of the specific pleading made by petitioner in paragraph 18 of the writ application denying the same, the respondents were directed to file an affidavit in reply to the same. By subsequent orders, the respondents were also directed to produce the office copy of letter no. 166 dated 12.12.1998, the alleged 2 first show cause notice to the petitioner and proof of the receipt of the same. They were also directed to produce the receipt register of Training College, Patahi as well as dispatch register of the office of the Regional Deputy Director of Education, Muzaffarpur in this regard. Affidavits have been filed by the respondents, but it is not satisfactorily established that petitioner was served with show cause notice prior to order of his termination. Therefore, without going into much detail, this Court is of the view that petitioner should be given fresh opportunity by the respondent Regional Deputy Director of Education, Muzaffarpur to satisfy him with regard to genuineness and validity of his appointment and thereafter he should be directed to pass fresh orders. Hence, petitioner shall present himself in the office of the respondent Regional Deputy Director of Education, Muzaffarpur on 5th January, 2010 at 10.30 A.M., whereupon the respondent shall hand over the petitioner a detailed show cause notice giving the grounds on 3 which appointment of the petitioner is doubted. The notice should be sufficiently speaking one so as to enable the petitioner to meet all the materials and grounds which the respondent proposes to consider. After receipt of the said notice, the petitioner will file a detailed representation/reply within three weeks thereafter which he will present before the respondent personally. Upon receiving the said reply, the respondent shall fix up a date of hearing in the matter and communicate the same to petitioner which shall not be beyond fifteen days from the date of filing of the reply. On the date of hearing so fixed, he will hear the petitioner, in person or through his representative, and consider the grounds and submissions made by him in the reply and shall also consider all the materials produced by him by way of documents or any judgment and order of any Court which the petitioner may refer/rely in his reply and thereafter shall pass fresh speaking orders within a period of three weeks from the said date of hearing. All this exercise must be completed within three months from the 5th of January, 4 2010. Till the expiry of the three months, or till a fresh speaking order is passed by the respondents in the matter, petitioner shall not be entitled for the salary. However, in case, no orders are passed within three months, as indicated above, or the orders are passed in his favour, whichever is earlier, petitioner will be entitled to his full salary from the next day of the expiry of three months, or of passing of the order in his favour, with continuity of service. To facilitate fresh consideration of the case of the petitioner and fresh orders in his matter, Annexure-5 is quashed. Arvind/ ( J. N. Singh, J.)