IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5069 of 2009 SHILA DEVI Versus THE STATE OF BIHAR & ORS ----------- 2. 21.04.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner was appointed as a Shiksha Mitra on 12.4.2003. It is her case that consequent to renewal of the same in accordance with law, she came to acquire the status of a Panchayat Shikshak on 1.7.2006 under the rules framed in 2006 for appointment of Panchayat Teachers. More than five to six years later, the respondents are purporting to hold an enquiry into the legality of her initial appointment on the post of Shiksha Mitra. An issue arises of the renewals granted on two occasions and the deemed status in law as a Panchayat Shikshak, raising a presumption under Section 114 of the Evidence Act with regard to the correctness of the initial appointment. Notwithstanding the aforesaid the respondents have stopped salary of the petitioner by an order dated 22.1.2009. The last ground urged is that the show cause notice with regard to the legality of the appointment is by an authority without jurisdiction. Counsel for the State submits that he is not in a position to make any submission in absence of instruction and a counter affidavit. This Court does not consider it necessary to go into the issue of jurisdiction sought to be raised at this stage as it does 2 not consider it necessary for disposal of the writ application presently. If the petitioner was appointed as a Shiksha Mitra in 2003, her contract was renewed on two occasions, she was permitted to acquire the status of Panchayat Shikshak on 1.7.2006, raises presumption that all this was done in the normal course of discharge of official duties by the government servants concerned and which includes examination of her papers with regard to the legality of her appointment. After issuance of a show cause notice the petitioner has filed her reply on 6.2.2009 enclosing as item 1 to 9 necessary documents, as appended at Annexure 15, to the writ application. It is unfortunate that the authorities themselves have created an environment where submission of representation or reply to the show cause does not evoke any response from them. They sit back and wait for the citizen to move the High Court and bring an order of disposal of the representation. This Court is not unmindful of the fact that all this is not done without reason. If citizen was not to come to the High Court he would remain in the machination of the authorities. The citizen in these circumstances prefers to seek shelter of this Court. The writ application is disposed with the direction that the Commissioner cum Secretary of the Department of Human Resources, Government of Bihar shall consider the cause shown by the petitioner and while considering the same, the issue of appointment of the petitioner as Shiksha Mitra in 2003, renewal thereof on two occasions, her acquiring the status of Panchayat 3 Shikshak on 1.7.2006 shall also all be appropriately considered. If the respondents find that the petitioner has played truant on those two stages, those in the department who helped the petitioner to play truant shall necessarily have to be the subject of the enquiry also. If the petitioner will go, they must go also. Let the respondent pass appropriate orders on the cause shown by the petitioner latest by 30.5.2009. If by that date no clear orders are passed by the respondents, payment of salary of the petitioner shall commence from the subsequent month. The writ application stands disposed with the aforesaid observations. Snkumar/- (Navin Sinha,J.)