IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7981 of 2008 1. MALA KUMARI, D/O TEK NARAYAN SINGH, W/O RAKESH KUMAR, RESIDENT OF VILLAGE – MAHESHPUR UNDER P.S. MUJAHIDPUR, DISTRICT – BHAGALPAUR. 2. MANOHAR KUMAR, S/O SRI NARESH MANDAL, RESIDENT OF VILLAGE – SUBBANAGAR, P.O. & P.S. BUDDAH CHAK, DISTRICT – BHAGALPUR. 3. RAHUL RANJAN PRASAD, S/O KISHORI PASWAN, RESIDENT OF VILLAGE – GANGATI, P.O. SAINO, P.S. GORADIH, DISTRICT – BHAGALPUR. ……. PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. DISTRICT MAGISTRATE, BHAGALPUR. 3. DISTRICT EDUCATION OFFICER, BHAGALPUR. 4. DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR. 5. BLOCK DEVELOPMENT OFFICER, GORADIH, BHAGALPUR. 6. BLOCK EDUCATION EXTENSION OFFICER, GORADIH (WEST), BHAGALPUR. 7. THE PRINCIPAL, PRIMARY SCHOOL, CHHOTI JAMIN, BHAGALPUR. 8. THE PRINCIPAL, PRIMARY SCHOOL, GORADIH, BHAGALPUR. 9. THE PRINCIPAL, PRIMARY SCHOOL, SWAROOP CHAK, BHAGALPUR. 10. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT MURHAN JAMEEN, BLOCK GORADIH, BHAGALPUR. 11. THE MUKHIA, MURHAN JAMEEN GRAM PANCHAYAT, BLOCK GORADIH, DISTRICT – BHAGALPUR. ….. RESPONDENTS. FOR THE PETITIONERS: - MR. LAKMESH MARVIND, ADV MR. INDESHWARI PD. MANDAL, ADV FOR THE STATE : - MR. AJIT KUMAR, AC TO GP 20 ----------- 02/ 11.01.2010 Heard counsel for the petitioners and counsel appearing for the State. Petitioners were appointed on the post of Panchayat Teachers vide different letters dated 16.4.2007 issued by the Panchayat Secretary, Murhan Jameen Panchayat, Block – Goradih, District – Bhagalpur. They joined respective schools - 2 - and their joining was accepted. Thereafter, they also went for mandatory training and started teaching in the schools as well as receiving month to month fixed salary of Rs.4,000/-. Till March, 2008 they continued on their post. Suddenly, Panchayat Secretary of concerned Gram Panchayat issued letter dated 1.4.2008 terminating the petitioners from their service and restraining them to discharge their duties. Prior to issuance of letter of termination dated 1.4.2008 petitioners were not asked to submit any show cause neither any enquiry was conducted. Counsel for the petitioners submits that termination order has been issued by the Panchayat Secretary in the light of Order No. 535 dated 4.3.2008 issued by the District Magistrate, Bhagalpur, but Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 do not vest District Magistrate with a power to appoint or terminate the Panchayat Teachers. Under Rule 18 of 2006 Rules that power was vested in the Block Development Officer. So far termination is concerned, for appointment purposes a committee has been vested with such powers. Since the District Magistrate is not the controlling authority under the statutes, as such on his direction there was no valid reason for issuance of termination letter against the - 3 - petitioners. Petitioners were duly appointed following the provisions under the Act and statutes, they could have been terminated only under the provisions fulfilling the conditions for such termination. Since the order has been issued on the direction of such authority, who is not the statutory authority for issuance of such order, the impugned order is completely illegal and without jurisdiction and fit to be quashed. No counter affidavit has been filed on behalf of the State. Accordingly, the order no. 535 dated 4.3.2008 Gyapank No. 300 dated 28.3.2008 and Gyapank No. 1 dated 1.4.2008 terminating the services of the petitioners are quashed for the reason that it is illegal and without jurisdiction and also issued in violation of natural justice. This application is allowed giving direction to the respondents to reinstate the petitioners on their respective posts with all consequential benefits. The petitioners be reinstated with immediate effect after production/communication of this order. DKS/ (Mridula Mishra, J.)