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ANJANI KUMAR SHARAN
Managing Committee, Madarsa Mofidul Islam – Appellant
Versus
State of Bihar – Respondent
Anjani Kumar Sharan, J.—Heard learned counsel for the petitioners and learned counsels for the respondents.
2. The present writ application has been filed for the following relief/s:—
“(i) For issuance of an appropriate writ, order or direction for quashing the order passed by the respondent Chairman, Bihar State Madarsa Education Board, Patna as contained in Memo No.2772 dated 15.12.2021 (Annexure-1) issued by the Secretary, Bihar State Madarsa Board, Patna by which the respondent Chairman inspite of deciding the issue of approval of termination of service of private respondent, has most arbitrarily and quite malafidely directed the petitioners to permit the private respondent to function on the post of Assistant Teacher (Maulvi). He has also directed the petitioners to pay the arrears of salary of the private respondent otherwise he has threatened the Head Molvi (petitioner no.4) to stop his salary. He has further directed the petitioners to not to take any disciplinary action against the private respondent.
(ii) For issuance of an appropriate writ, order or direction restraining the respondents from interfering in the peaceful management of the Madarsa in question.
(iii) For issuanc
Disciplinary actions in educational institutions must comply with established legal frameworks and principles of natural justice, and any actions taken without proper authority are rendered void.
Disciplinary proceedings against educational staff require an approved Scheme of Administration; absence of such approval renders termination orders void.
The necessity of exhausting alternative legal remedies before seeking writ relief under the Bihar State Madarsa Education Board, 1981.
Disciplinary proceedings must adhere to principles of natural justice; failure to notify the dismissed employee of inquiry details invalidates dismissal.
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