for quashing of memo no. 1475 dated 09.09.

2021 issued under the signature of the

Director, Secondary Education, Bihar, Patna addressing to the Executive Officer-
cum- the Secretary, Nagar Secondary Teacher Employment Unit, Nagar Panchayat
Bairgania, District - Sitamarhl by which, he has stated that the selection of teachers
for the phase in the Nagar Panchayat Bairgania has been done against the roster
point and in the enquiry the allegation has been found to be true. Therefore, he has
directed for cancellation of an illegal appointment, which has been referred to in
the enquiry report and further for quashing the memo no. 2171 dated 31.07.2021
issued under the signatures of four men Enquiry Committee by which, it has been
held that in the Nagar Panchayat, Bairgania, district - Sitamarhi only two vacancies
available for the Social Science subject against which two persons, namely, Ranjit
Kumar and Shri Saroj Kumar have been appointed but in spite of no other vacancy,
the selection of Shri Ram Vinay Kumar (petitioner) have been done and for
quashing the letter no. 51 dated 11.01.2017 issued by the District Education
Officer, Sitamarhi, the roster forwarded vide letter no. 1966 dated 17.O7.2016 was
amended vide letter no.2479 daled 17.10.2016 in such a condition the memo no.
1966 dated 17.O1 .2016 considered autcmatically cancelled.

there was no backlog vacancy of Social Science subject existing in the Nagar
panchayat Bairgania, against which, the petitioner has been selected/appointed in
the year 2017.

for commanding and directing the respondent authorities

concerned to comply the

V
order passed by the learned District Teacher Employment
Appellate Authority, Sitamarhi in Case No. 401/2019
(Ramvinay Kumar vs. the District Education Officer,
Sitamarhi and Others) on 18.12.2020 and communicated
vide memo no. 20 dated 18.12.2020,

commanding and directing the respondent authorities

concerned to pay the arrears of salary due since the date
of joining as
well as current salary to the petitioner

enquiry reportvidememo no. 2171 daled31.l7.2021 has

been issued under the signatures of the aforesaid
Chairman and the members of the enquiry committee
mentioning therein that the District Education Ofiicer,
Sitamarhi vide memo no. 51 dated
11.01.2017 has Cirected that the roster forwarded vide
letter no. 1966 daled 17.O7.2016 was amended vide lefter
no. 2479 dated 17.10.2C16 in such a condition the memo
no. 1 966 daled 17 .07 .201 6 considered automatically
canceiled. The copy of the said letter of the District
Education Officer i.e. letter no. 5'1 dated 11.O1 .2017 was
forwarded to the all secondary and senior secondary
teacher employment unit district - Sitamarhi with a copy to
the District Programme Officer (Establishment), Sitamarhi.
lVith regard to the Nagar Panchayat, Bairgania, district -
Sitamarhi, it has been held that in the Nagar Panchayat,
Bairgania, district - Sitamarhi only two vacancy available
for the Social Science

subject against which two persons, namely, Ranjit Kumar

and Shri Saroj Kumar have been appointed but in spite of
no other vacancy, the selection of Shri Ram Vinay Kumar
(petitioner) have been done, whlch does not appear to be
proper.
It has further been mentioned in the enquiry report that the
Executive Officer, Nagar Parishad, Bairgania vide his
letter no. 547 dated 30.07.2021 has informed that all the
records relating to the aforesaid teacher employment were
destroyed due to flood in the year 20'17, forwhich an
S.D.E. No.413 dated 19.08.2017 has been fited in
Bairgania Police Station.
ln the conclusion, it has been mentione.l that in the llght of
the
above facts and evidence, it is clear that the Teacher
Employment
Unit, Nagar Panchayat, Bairgania and the Janakpur Road,
pupri,
selection of the teacher has been done against the
departmental
subject wise and category wise recommended vacancy.

The Director, Secondary Education, Bihar, Patna has

issued memo no. 1475 dated 09.09.2021 addressing to
the Executive Officer-cum- the Secretary, Nagar
Secondary Teacher Entployment Unit, Nagar Panchayat,
Bairgania, District - Sitamarhi by which, he has stated that
the selection of teachers for the 5h phase in the Nagar

6
Panchayat Bairgania has been done against the roster
point and in the enquiry the allegation has been found to
be true. Therefore, he has directed for cancellation of
illegal appointment, which has been referred to in the
enquiry report