That it is to state and submit that vide Letter No.

___, Dated _______, Member

Secretary-Cum-Panchayat Secretary, Gram Panchayat Baligaon has issued a

notice to the petitioner namely Shweta Kumari in which it was observed that a

direction was given to cancel the appointment and therefore 2/4 days was

granted to the petitioner to reply to the same.

A copy of the Letter No. 6, Dated 25.07.2022 issued under the Signature of

Panchayat Secretary, Baligaon to the petitioner namely Shweta Kumari is

attached herewith and marked as ANNEXURE-P/___ to the present

Interlocutory Application.

That it is to state and submit that on 17.08.2022, the petitioner has given a

detailed reply with regard to the appointment and also submitted that her

appointment is much before 2014. The petitioner also submitted that the

petitioner has been working for last so many years and has completed DL.Ed. It

is further submitted that without giving show cause notice and following the

procedure, a decision has been taken to cancel her appointment.

A copy of the reply given by the petitioner dated 17.08.2022 to the Member

Secretary, Panchayat Teachers Appointment Committee-Cum-Panchayat

Secretary, Panchayat - Baligoan is attached herewith and marked as

ANNEXURE No. – P/ ___ to the present Interlocutory Application.

That it is to state and submit that by Memo No. 10, dated 12.09.2022, the

Member Secretary, Panchayat Teachers Appointment Committee-Cum-

Panchayat Secretary, Panchayat - Baligoan has issued a letter by which it has

been observed that in terms of Bihar Panchayat Elementary School Services

(Appointment, Promotion, Transfer, Disciplinary Proceeding and Service

Condition) Rules, 2020 Clause 18 (i) (b) (iv) and as per the Rule 13 the

petitioner is being removed.

A copy of the Memo No. 10, dated 12.09.2022 issued under the Signature of the

Member Secretary, Panchayat Teachers Appointment Committee-Cum-

Panchayat Secretary, Panchayat - Baligoan is attached herewith and marked as

ANNEXURE-P__ to the present Interlocutory Application.

That it is to state and submit that the order passed of removal of the petitioner

from the post of primary teacher is totally on non-onus ground, there is no

discussion with regard to the reasons given by the present petitioner. The

reasons given by the petitioner in show cause is not been considered. In fact the

show cause notice itself will manifest the pre-determined mind, the process has

been adopted in terms of the letter issued by the District Programme Officer.

Thus the entire action is in teeth of the judgement passed by the Hon'ble Apex

Court.

That it is to state and submit that the service condition of Bihar Panchayat

Elementary School Services (Appointment, Promotion, Transfer, Disciplinary

Proceeding and Service Condition) Rules, 2020 especially Rule No. 18 is being

reduced for the ready reference, which reads as follows:

18. Disciplinary Actions.-The disciplinary

authority shall be competent to initiate disciplinary
action against teacher, Head Master and Instructor with
respect to not having allegiance with the duty, not
following the laid down code of conduct and working
against the interest of the student/ interest of the school.
The member secretary of the recruitment unit,
with the approval of the Chairman, may suspend them in
the case where the concerned is jailed or found prima
facie involved in misappropriation of government
money/unauthorized absence/ disregard the order of
senior officers. In the case of suspension or initiation of
departmental proceeding, enquiry shall be made by the
enquiry officer after framing of charges-
(i) The following penalties may, for good and
sufficient reason, be imposed the concerned-
(a) Minor Penalties.- (i) Censure;
(ii) withholding of increment (Non-
cumulative/ cumulative)
(b) Major Penalties.- (i) withholding of promotion
(ii) reduction in lower post
(iii) reduction in lower scale of pay
(iv) removal from service which
shall not be a disqualification for
future appointment/selection.
(ii) It would be necessary to issue a show cause to the
concerned before imposing minor punishment by the
member secretary of the recruitment unit. Before
imposing minor punishment, it must be approved by the
Chairman of the appointment committee. Before imposing
major punishment, the member secretary of the.
recruitment unit must give at least two opportunities to
the concerned for submitting show cause reply. Before
 imposing major punishment, the same must be approved
by the disciplinary authority.
(iii) During suspension, the concerned is entitled to
receive a subsistence allowance an amount equal to the
50% of the basic pay.
(iv) The order of punishment shall be issued under the
signature of the member secretary of the concerned
recruitment unit. The order shall contain the details of
facts which caused imposition of such punishment to the
concerned.
(v) A show cause will be asked from the Head master,
teacher and instructor when they are found absent from
duty unauthorisedly during inspection made by the
district administration or officers of the Education
Department. In case of clarification found to be
unsatisfactory, an order of cut in salary for the absence
period may be issued from the concerned head master,
teacher or instructor on the principal of 'no work no pay’.
That it is to state and submit that the disciplinary action has to be taken by the

disciplinary authority and the same has to be done by providing the Memo of

Charge and accordingly a major or minor punishment can be given. The entire

disciplinary action has to be based on allegation with the duty, not following the

laid down code of conduct working against the interest of the students/ interest

of the school. Thus the disciplinary action can be taken. Thus under this

background the entire disciplinary action as adopted is also contrary to the

Rules 2020, in fact the entire action which has been taken by the authority

concerned does not gives power to the appointing authority as the action has to

be taken if there is certain non-allegiance with the duty or there is procedure or

conduct not being followed or the teacher acting against the interest of the
students/ school. In the present case none of the issues are attracted. At the same

time, any such procedure must follow the guidelines as given under Rule 18 (ii)

in the present case none of the procedure is also falling. Thus the entire

procedure is contrary to the rules.

Point of principle of natural justice.

Thus under this background this Court may graciously be pleased to set aside

the order of cancellation of the order of the termination of the petitioner dated

12.09.2022 being Memo no. 10 issued under the Signature of the Member

Secretary, Panchayat Teachers Appointment Committee-Cum-Panchayat

Secretary, Panchayat - Baligoan at the earliest ( P__) to the present application.

Therefore it is prayed that