Teacher appointed by court order reinstated again by Patna HC after removal

In 2017, Virendra Kumar again filed an appeal challenging his appointment in 2017 before the District Appellate Authority

The Patna high court has directed a teacher to be reinstated in service, setting aside the order cancelling his appointment, terming it unsustainable in law.

The petitioner was denied selection as panchayat teacher on an unreserved seat despite fulfilling criteria. (Patna HC website)

“The petitioner is directed to be reinstated in service forthwith. He shall be entitled to all service benefits, including salary, for the intervening period, which must be paid expeditiously,” said the bench of Justice Purnendu Singh, while hearing the petitioner filed by the teacher.

The order, delivered earlier this week, came while hearing the petition from Ajay Kumar Khan seeking quashing the July 31, 2020 order of the District Teacher’s Employment Appellate Authority, Saharsa and July 4, 2021 order passed by the ChairPerson (J), State Appellate Authority, Patna, by which his appointment was cancelled after a decade of service.

Interestingly, the petitioner was also appointed through a court order in 2010 after a direction was issued to the principal secretary, who in turn directed the district magistrate, Saharsa to take action against the panchayat secretary and the block development Officer, Simri Bakhtiyarpur.

However, in 2017 another petition was filed before the District Teacher’s Employment Appellate Authority, which directed the Selection Committee to pass a fresh order. The appointment was cancelled by a fresh order in 2022 by the secretary-cum-member, Panchayat Selection Committee, Mohanpur, Simri Bakhtiyarpur, Saharsa.

The counsel for the petitioner, Ratan Kumar, said that first the petitioner was denied selection as panchayat teacher on an unreserved seat despite fulfilling criteria and he moved the High Court in 2008, which led to his appointment in 2010.

In 2017, Virendra Kumar again filed an appeal challenging his appointment in 2017 before the District Appellate Authority, which directed the selection committee to pass a fresh order.

“The petitioner preferred appeal before the authority in 2020, which on July 5, 2021 declined to interfere, holding the appeal premature since the petitioner had not been removed by then. On May 9, 2022, the petitioner was removed by the selection committee of Mohanpur Panchayat,” he added.

The HC held that the removal was not sustainable, as it was an ex-parte order.

“I note that the 2022 cancellation is an ex parte order. The law is well-settled that any action taken against a teacher working since June 12, 2010 must comply with 2020 rules. Since removal from service is a major penalty, the prescribed process must be followed. As that procedure was not followed, the said order is unsustainable in law and is accordingly set aside and quashed,” the court observed.