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Patna High Court · body

2012 DIGILAW 279 (PAT)

Sachidanand Kumar v. State of Bihar

2012-02-16

JAYANANDAN SINGH

body2012
ORDER It appears that the Commissioner of the Koshi Division has acted as an autocrat and not as a public servant. From the impugned order, as contained in Annexure-2, it appears that the Commissioner had held surprise inspection of the School and found the petitioners and others sitting by fire lit for warming themselves as it was pick winter season. He immediately issued orders for their removal without even asking them to show cause. Under his orders, the Regional Deputy Director of Education has issued impugned order terminating the services of the petitioners. 2. This is highhanded act of the Commissioner of the Koshi Division. From a public authority, before passing any order, there should be at least some semblance of compliance of Principles of Natural Justice, which the Commissioner of Koshi Division has completely overlooked. 3. His order, as communicated by the Regional Deputy Director of Education, as contained in Annexure-2, is unsustainable in law. The same is, therefore, quashed. All consequential actions by the Committee and of the Block Education Officer are also quashed. Petitioners shall stand reinstated in service in the School with all consequential benefits. This order, however, is without prejudice to the powers of the authority to hold enquiry in the matter in compliance to the Principles of Natural Justice. Writ application is allowed.