Jai Shri Paswan vs State of Jharkhand

Prashant Kumar, J.—This application has been filed for quashing of Annexure-1, whereby the petitioner''s service has been cancelled from the post of Para Teacher of Upgraded Middle School, Jaitukhad, Nadi Par Tola, Palamau.

It is stated that before passing the impugned order, the Block Education Committee on whose recommendation petitioner''s service has been cancelled has not given any opportunity to the petitioner of being heard.

However, it is submitted by learned counsel for the State that petitioner was given opportunity of hearing by Annexure-A.

From perusal of Annexure-A I find that the same has been issued by the Assistant Magistrate cum Assistant Collector, Palamau cum Block Development Officer cum President of Block Education Committee, Lesliganj. From perusal of aforesaid annexure I find that by the same, petitioner was asked to appear before the Assistant Magistrate cum Assistant Collector, Palamau for verification of his certificate. Thus, it is clear that Block Education Committee Lesliganj before passing the impugned order has not heard the petitioner. Under the said circumstance, impugned order cannot be sustained being violative of principles of natural justice.

Accordingly, I allow this application and quash the impugned order (Annexure-1) and direct the Respondents to reinstate the petitioner with all back wages.

However, I give liberty to the Respondents to initiate fresh proceeding for verification of petitioner''s certificate and pass order after giving ample opportunity of hearing to the petitioner.