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2021 Supreme(Pat) 685

MOHIT KUMAR SHAH
Kumari Manju Lata – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Natraj Verma, Adv., for the Appellant; Mr. Gyan Prakash Ojha, GA-7, Mr. Bindhyachal Rai, Adv. , for the Respondent.

JUDGMENT

1. The present petition has been filed for quashing the order dated 19.09.2019, issued by the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, whereby and whereunder the entire pension and gratuity amount of the petitioner has been forfeited.

2. The brief facts of the case are that the petitioner was appointed as Assistant Teacher at Sahebganj on 09.05.1989, whereafter she was transferred to Muzaffarpur in the year 1990 and finally she retired on 30.11.2014. It appears that in view of the direction of the Hon'ble Patna High Court dated 08.12.1998, passed in C.W.J.C. no. 9047 of 1998, the Central Bureau of Investigation (hereinafter referred to as "the C.B.I") conducted an inquiry pertaining to appointment of candidates belonging to the lower Subordinate Education Services (female cadre) and Assistant Teachers appointed during the period 1980-98. The C.B.I, during the course of inquiry, found 27 Assistant Teachers to have been legally and validly appointed whereas the appointments of 278 Assistant Teachers were found to be irregular. Thereafter, the Hon'ble Patna High Court had issued certain directions in a Public Interest Litigation bearing C.W.J.C. no.

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