Mithilesh Kumar Manjhi vs State of Jharkhand

Prashant Kumar, J.—This application has been filed for quashing the impugned order as contained in Annexure-1, whereby the service of petitioner has been cancelled from the post of para-teacher of Upgraded Middle School, Koiripatra.

It is stated in the writ application that before passing the impugned order, the respondents had not given any opportunity of hearing to the petitioner nor any show cause notice issued to him.

However, the aforesaid statement has been denied by the respondents in the counter affidavit and it is stated that by Annexure-A, petitioner was given notice and asked to appear before the Assistant Executive Magistrate-cum-Assistant Collector, Palamau on 10.12.2013 for verification of his certificate. Accordingly, it is stated that there is no violation of principles of natural justice.

In this regard, it is worth mentioning that the impugned order (Annexure-1) has been passed by the respondents on the basis of minutes of meeting of Block Education Committee, which took place on 12.12.2013 at 11.00 A.M. There is nothing in the impugned order to show that the petitioner was given opportunity of hearing by the said Committee, nor any notice given to the petitioner to appear before the aforesaid Committee. Thus, the competent authority, on whose direction the service of the petitioner has been cancelled, has not heard the petitioner before taking impugned decision. Under the said circumstance, the decision of the Block Education Committee is violative of principles of natural justice. Therefore, the same cannot be sustained.

Accordingly, I quash the impugned order as contained in Annexure-1 and direct the respondents to reinstate the petitioner with all back wages.

However, I give liberty to the respondents to take fresh steps for verification of the certificates of the petitioner after giving him ample opportunity of hearing.