Dismissal without due process violates Article 311 rights; the court quashed ex parte orders.

ORAL JUDGMENT

Date : 23-01-2025 Heard Mr. Nityanand Mishra along with Mr. Alok Abhinav and Mr. Abhishek Mishra, learned counsels appearing on behalf of the petitioner and Mr.Anuj Kumar, learned AC to GP 27 for the State.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-

“(I) For issuance of a writ in the nature of certiorari for quashing and setting aside the order issued vide Memo No.1234 dated 19.07.2023 (Annexure – P/11) by the Joint Secretary-cum-Director, Mass Education (Jan Shiksha) (respondent no.5), whereby and whereunder the petitioner has been awarded punishment of dismissal from service since the date of appointment and also directed to make recovery of paid salary in one time which has been paid to the petitioner during his service period and also directed not to pay any heed of the retirement benefits, without initiating any departmental proceeding against the petitioner and without providing opportunity of hearing to the petitioner.

ii. For further quashing and setting aside the official order issued vide Memo No.133 dated 25.07.2023 (Anneuxre-P/12) issued by signature of the District Education Officer, Saran at Chapra (respondent no.8), in view of the order issued vide Memo No.1234 dated 19.07.2023 (Annexure-P/11) by which the petitioner has been awarded punishment of dismissal from service since the date of appointment and also directed to make recovery of paid salary in one time which has been paid to the petitioner during his service period and also directed not to pay any heed of the retirement benefits, without initiating any departmental proceeding against the petitioner and without providing opportunity of hearing to the petitioner.

iii. Further for issuance of writ in the nature of mandamus directing/commanding the respondents’ especially respondent nos.5 and 8, to reinstate the petitioner in his service since the date of dismissal along with all benefits as well as retirement benefits with immediate effect.

iv. Further for directing/commanding the respondents to grant stay with immediate effect on the orders issued vides Memo No.1234 dated 19.07.2023 and Memo No.133 dated 25.07.2023 (Annexure-P/11 & P/12 respectively) during pending/disposal of the present writ application.

v. Further for direction to the authorities/

respondents concerned to punish the erring Officials and pay compensation to the petitioner for mental agony, physical and financial harassment of the petitioner and his family members who suffers a lot due to illegal dismissal from service along with retirement benefits of the petitioner.

vi. For any other relief/reliefs for which the petitioner is entitled to in accordance with law.”

3. Learned counsel appearing on behalf of the petitioner submitted that petitioner was absorbed as Class IV employee in Lokmanya High School, Rajapatti, Kudariya, District, Saran at Chapra and he gave his joining on 16.01.2018. In respect of the same, he has placed reliance on the noting made in the service book by the principal of the School, whereby the service of the petitioner has been certified since 16.01.2018 to 31.07.2023 (Annexure P/7). Learned counsel submitted that above exercise was undertaken by the principal in light of the directive contained in SLA (C) No.32079 of 2015 dated 26.02.2016 by the Hon’ble Supreme Court. The Director, Mass Education (Jan Shiksha), Bihar issued Memo No.1417 dated 21.06.2017, seeking following information in paragraph no.6 therein:

(i) regarding the date of birth certificate;

(ii) regarding Educational qualification certificate;

(iii) Proof of filing of