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ANJANI KUMAR SHARAN
Kamini Kumari – Appellant
Versus
State of Bihar – Respondent
Anjani Kumar Sharan, J.—Heard learned counsel for the petitioners and learned counsel for the respondents.
2. As the common question of fact and law involved in all these writ applications, with consent of all the parties, all these applications have been heard together for final disposal at this stage itself.
3. In all these writ applications, the petitioners seek quashing of the orders passed by the State Appellate Authority, Education Department, in various appeals, whereby the appointments of the petitioners in the present batch of writ applications have been cancelled with retrospective effect from the date of their respective appointments and to reinstate them with consequential benefits. The impugned orders direct the removal of the petitioners from service within a fortnight by the concerned Panchayat Secretary and to recover payments received by them in accordance with law. The details of the State Appellate Authority Appeal Case Numbers and the respective orders under challenge in these writ petitions are set out herein below in a tabular form:—
Sl. Present CWJC No. (s) State Appellate Authority Order passed by the
No. Appeal No. (s) State Appellate Authority
1. CWJC 17
The appointment cancellation of petitioners was upheld due to jurisdictional limitations and the conclusion of recruitment processes, emphasizing the need for compliance with statutory guidelines.
The main legal point established in the judgment is the illegality of appointments made by the Panchayat Employment Committee, the entitlement of the writ petitioner to be offered appointment and con....
A foundational order must be challenged for associated appellate orders to be contested; otherwise, the writ application is not maintainable.
Employment cancellation without notice violates natural justice principles; adherence to reservation guidelines is mandatory.
The District Teachers Employment Appellate Authority lacks jurisdiction to review decisions made by the Block Development Officer, reaffirming the principle of jurisdiction in employment matters.
The main legal point established in the judgment is the importance of merit in making appointments and the authority of the District Appellate Authority to direct a fresh counselling.
The court emphasized the importance of rightful appointments and the proper interpretation of court orders, highlighting the consequences of suppressing facts in legal proceedings.
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