IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7750 of 2007 MADAN KUMAR JHA Versus THE STATE OF BIHAR & ORS ----------- 2. 03.07.2008 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 18.5.2007 and consequential order dated 4.6.2007 at Annexure-6 terminating his services as Panchayat Teacher. The petitioner was an applicant for the post of Panchayat Teacher in the Gram Panchayat Karjain. After selection he joined on 9.3.2007. It appears that certain allegations were then made into the appointments in general. It is the specific case of the petitioner in paragraph 8 of the writ application that without giving him an opportunity to show cause or to satisfy the authorities of no illegalities in appointment, the enquiry report dated 5.5.2007 recommending cancellation of appointments in the Panchayat in question came to be submitted. Learned counsel submits that the petitioner belongs to and was appointed in general category as untrained candidate. Counter affidavit has been filed on behalf of the State. The contention is a large scale irregularity in appointment of Panchayat Teacher in the Panchayat in question and, thus, the impugned order orders for termination. The fact that no principles of natural justice were followed and the petitioner was not noticed stand admitted in paragraph 11 of the counter affidavit to contend that it had no application in a case of large scale illegality in appointment. On a bare perusal of the enquiry report, it is apparent that - 2 - the enquiry report only revealed that against a reserved vacancy an untrained candidate was appointed notwithstanding the availability of a trained candidate. The second alleged illegality found was that a candidate should have been appointed against a general vacancy, came to be appointed against reserved vacancy. The enquiry report then concludes that because those two irregularities have been found, the entire selection process was vitiated and there was no need to look into other appointments, and which includes the case of the petitioner also. On this premise, the impugned order has been passed. This Court is satisfied on a bare discussion of the enquiry report being the foundation of the termination order that it suffers from complete arbitrariness. Merely because two specific instances may have been found with which the petitioner has no concern, can by no reasonable standards lead to a conclusion of a general illegality to the extent of obviating of need for further examination before passing orders to the prejudice of those, who have obtained the benefit of employment without any positive findings of illegalities in their appointment. The impugned orders dated 18.5.2007 and 4.6.2007 are, accordingly, quashed. The writ application stands allowed. This order shall not preclude the Respondents, in their wisdom, from examining the validity of the appointment of the petitioner strictly in accordance with law. AKS/ (Navin Sinha, J.) - 3 -