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2022 Supreme(Pat) 2

ASHUTOSH KUMAR
Nilima Kumari W/o Sri Late Ajay Kumar Ghosh – Appellant
Versus
State Of Bihar through the Chief Secretary, Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjeev Kumar, Mr. Rajeev Shekhar, Ms. Abhanjali, Advocate
For the Respondents: Mr. Prabhakar Jha, Mr. Umesh Narayan Dubey, adv

JUDGMENT :

1. Heard Mr. Sanjeev Kumar, learned Advocate for the petitioner and Mr. Prabhakar Jha, learned GP-27 for the State.

2. The petitioner has challenged the order dated 31.08.2020 contained in Memo No. 339 whereby she has been dismissed from service under Rule 14(xi) of the Bihar Government Servants (CCA) Rules, 2005 as also against the order passed in appeal, upholding the order of dismissal.

3. The only charge against the petitioner is that her appointment as Matric Trained Teacher in a school way-back in the year 1983 was sans the rules, as there was no roster clearance and there was no advertisement for filling up such post. On this solitary charge, the petitioner was put to a departmental proceeding.

4. Be it noted that a CBI inquiry had been held in the matter of illegal appointment of the petitioner, pursuant to a PIL petition before this Court.

5. The learned counsel for the petitioner has informed this Court and that also without any demur from the counsel for the State that in the inquiry conducted by the CBI, it was found that the appointment of the petitioner was beyond the rules.

6. The appointing authority viz. the District Inspectress of the Schools may have had the

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