High Court Patna High Court - Orders

Prema Kumari vs The State Of Bihar Ors on 5 July, 2010

Patna High Court – Orders
Prema Kumari vs The State Of Bihar Ors on 5 July, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.3201 of 2010
                                   PREMA KUMARI
                                        Versus
                             THE STATE OF BIHAR ORS
                                      -----------

2 5.7.2010 Issue notice to respondent nos. 4 and 5, in admission matter,

under registered cover as well as ordinary process, for which requisites

etc. must be filed within a week.

State to take instruction and a comprehensive counter

affidavit in the matter.

Petitioner states that she has been malafide, without

following the procedure , removed from the post of Panchayat Teacher.

No show cause was ,in fact, issued and all papers like notices have sent

to the petitioner and others, has been manufactured by the Mukhiya and

dispatch was shown under certificate of posting. He submits that it is the

Panchayat, which is a disciplinary authority and not the Mukhiya alone.

He further submits that as would be evident from the order of the

Collector that the question of dismissal order as against the petitioner

did not arise because it was not disclosed to the Collector and has

subsequently surfaced.

In view of the aforesaid, the impugned order (Annexure 1)

as well the appellate order, as contained in Annexure 2, shall remain in

abeyance till further orders of this Court.

List for admission no sooner notices are validly affected on

the noticed respondents.

    singh                          (Navaniti Prasad Singh,J)