Ramkumar Prajapati vs State of Jharkhand And Ors

Heard learned counsel for the parties through V.C.

At the outset, learned counsel for the petitioner confines his argument only for quashing of the office order dated 04.06.2011 issued by respondent

no.3, whereby the respondent no.3 has cancelled the appointment of the petitioner as Para Teacher in Upgraded Primary School, Ledha, Block

Simaria, District-Chatra.

Learned counsel for the petitioner submits that the petitioner was appointed in the year, 2005 by the Village Education Committee and after the

meeting of Gram Sikha Samiti which was held at Village-Ledha on 15.05.2005. Thereafter, he was continuously working as Para Teacher in

Upgraded Primary School, Ledha block Simaria.

The grievance of the petitioner is that all of a sudden by annexure-6, his services has been terminated without affording him opportunity of hearing or

issuing any show cause notice.

Learned counsel fairly submits that the impugned order may be quashed and the matter may be remitted back to the District Superintendent of

Education to pass a fresh order after giving opportunity to the petitioner.

Learned counsel for the State though opposes the prayer of the petitioner made in the instant writ application; however, fairly admits the fact that

no opportunity of hearing was given to him while terminating his service. It has also been admitted by the learned counsel for the respondent-State that

the petitioner was getting his honorarium regularly from 2005 till the date of termination.

Mr. Krishna Murari, learned counsel for the respondent no. 3 submits that the main authority to deal with these cases will be the Deputy

Commissioner; as such the matter may be remitted back to the Deputy Commissioner-cum-Chairman, JECP, Chatra.

In view of the aforesaid facts and limited submission of the parties and also the admitted fact that the services of the petitioner was terminated

without giving him any opportunity of hearing or without asking for any reply; the impugned order deserves to be quashed and set aside.

Consequently, the order dated 04.06.2011 passed by respondent no.3 is quashed and set aside and the matter is remitted back to the respondent no.2

to take a fresh decision after giving an opportunity of hearing to this petitioner on his claim for appointment as Para Teacher in Upgraded Primary

School, Ledha.

Since the matter is very old, the respondent no.2 shall pass an order within a period of four months from the date of receipt/production of copy of this

order. The petitioner is also at liberty to represent the Deputy Commissioner along with supporting documents and copy of this order.

With the aforesaid observations, the instant writ application stands disposed of.