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Archana Singh vs The State Of Bihar & Ors on 23 July, 2014

Author: Jayanandan Singh

Bench: Jayanandan Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3546 of 2012
                 ======================================================
                 Archana Singh wife of Lakshaman Kumar Singh, resident of village Karath
                 P.O. Karath, P.S. Tarari, District Bhojpur at present working on the post of
                 Incharge Common Room, Indu Tapeshwar Singh Mahila College,
                 Bikramganj, District Rohtas
                                                                             .... .... Petitioner
                                                     Versus
                 1. The State of Bihar.
                 2. Sri Abhijeet Sinha, the Principal Secretary, Department of Human
                 Resources Development, Government of Bihar, Patna.
                 3. Dr. Sita Ram Singh, the Director, Higher Education, Department of
                 Human Resources Development, Government of Bihar, Patna.
                 4. Dr. Kumaresh Prasad Singh, the Vice Chancellor, Veer Kunwar Singh
                 University, Ara.
                 5. Dr. Manoj Kumar Singh, the Registrar, Veer Kunwar Singh
                 University, Ara.
                 6.    Sri Rajesh Kumar, the S.D.O. Bikramganj cum Chairman, Indu
                 Tapeshwar Singh Mahila College, Bikramganj.
                 7. Dr. Ajay Kumar Singh, the Secretary, Indu Tapeshwar Singh Mahila
                 College, Bikramganj.
                 8. Sri Upendra Singh, the Principal, Indu Tapeshwar Singh Mahila
                 College, Bikramganj.
                 9. Sri Om Prakash Shukla, the District Education Officer, Rohtas at
                 Sasaram.
                                                                   .... .... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner     : Mr. Raghunandan Kumar Singh, Advocate
                 For Opposite Parties : Mr. Sunil Kr. Mandal SC 24
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH
                 ORAL ORDER

9   23-07-2014

On the stand of the petitioner that, as non-teaching staff of the College, she had been paid her salary upto 2007-08 but thereafter she did not receive salary, this Court disposed of the writ application with a direction to the District Education Officer to look into the grievances of the petitioner, to make enquiry from the college authorities and issue appropriate direction to them for payment of her legitimate and admitted Patna High Court MJC No.3546 of 2012 (9) dt.23-07-2014 2/3 dues. Thereafter District Education Officer thereafter has now made a detailed enquiry and took a stand that the matter of petitioner shall be placed in the next meeting of the Governing Body. Hence, on 26.03.2014, the matter was adjourned for eight weeks.

Now it has been informed by the Principal that the meeting of the Governing Body was held on 10.06.2014, vide Annexure-X/1 of the show cause of opposite party nos.6, 7 and 8 filed on 02.07.2014, resolving to terminate her services, that since petitioner was continuing along with others, who were continuing against unsanctioned posts, after rejecting their show cause reply. Accordingly, her services have been terminated by Annexure-X/3.

Learned counsel for the petitioner submits that this decision has been taken by the Governing Body only on account of the fact that petitioner had raised voice in respect of discrimination in payment of salary of employees of the College by the Managing Committee. He submits that the District Programme Officer has also found that the Principal was not releasing payment to the employees uniformly and he has reported the matter to the Deputy Director, Secondary Education through Memo No.233 dated 05.03.2014.

3/3

Be that as it may, in view of the fact that now the Governing Body which is under control of the management of the College has taken a decision that appointment of petitioner was made against non-sanctioned post and has resolved to terminate her, this Court does not find that the opposite parties can be hauled up for contempt of this Court.

The termination of petitioner is Annexure-X/3. Petitioner will be at liberty to challenge her termination order as contained in Annexure-X/3 in an appropriate proceeding and thereafter move the authorities claiming payment of her legitimate and admitted dues as a consequence of quashing of the termination order if she succeeds in getting it quashed.

This contempt application is, accordingly, dismissed. However, the Deputy Director, Secondary Education is directed to take cognizance of the letter contained in Memo No.233 dated 05.03.2014 of the District Programme Officer (Establishment), Sasaram and take appropriate action in the matter in accordance with law positively within two months.

(Jayanandan Singh, J) B.T/-

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