IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17959 of 2011 Birendra Prasad Sah Son of Shri Dularchand Prasad Gupta, resident of Village & P.O. Mahamada Bazar, Police Station- Bhagwanpur Hat, District- Siwan, at present posted and working as Panchayat Teacher in Govt. New Primary School Malahi Tola, Anchal Goreyakothi, District- Siwan. Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate, Siwan. 5. The Deputy Development Commissioner-cum- Chairman, District Education Establishment Committee, Siwan. 6. The District Education Officer, Siwan. 7. The District Programme Officer (Establishment), Siwan. 8. The Block Education Officer, Goreyakothi, District- Siwan. 9. The Mukhiya of Gram Panchayat Raj Agya, Block Goreyakothi, Siwan. 10. The Panchayat Secretary of Gram Panchayat Raj Agya, Block- Goreyakothi, District- Siwan. ---------------------------------- 2. 14.10.2011 Heard Mr. Umesh Kumar Mishra, learned counsel for the petitioner and Mr. Avnish Kumar Jha, learned counsel for respondents no. 1 to 8. The petitioner is aggrieved by the show cause notice dated 16.8.2011 issued by the Block Education Officer, Goreyakothi, Siwan by which the petitioner has been directed to submit his show cause within three days as to why his services be not terminated on the ground that the petitioner’s Teachers Training Certificate is not recognized by the department 2 as well as quashing of Memo No. 514 dated 19.8.2011 issued by the same officer by which he has been stopped from marking his attendance. Learned counsel for the petitioner submits that the said show cause notice and the subsequent order is not only erroneous but also contemptuous in as much as that for the session 1987- 89 in which the petitioner completed his course from the said institution, this Court by order dated 18.3.2009 passed in C.W.J.C. No. 2322 of 2009 has held that for the sessions prior to 1991-93 the degree from the said institution was valid for the purposes of employment under the State of Bihar. In that view of the matter, he submits that inspite of his show cause explaining his position as well as annexing photo copy of the said order the concerned respondents have proceeded by issuing show cause and also stopping the petitioner from marking his attendance. Considering the facts and circumstances of the case, this Court finds that the said notice as well as the subsequent order stopping the petitioner from marking his attendance is beyond jurisdiction, illegal and cannot be sustained and is also contemptuous. However, the Court would not like to dwell on this aspect for the present. The said two orders being unsustainable are hereby quashed. The petitioner shall be entitled to 3 continue in his employment without any disturbance and hindrance and shall also be entitled to all his emoluments admissible on such post. The writ petition stands allowed. Anand Kr. (Ahsanuddin Amanullah, J.)