IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12520 of 2026 ====================================================== Rinku kumari W/o Sri Suman Kumar Jha, The Ex. Nagar Panchayat Teacher, Primary School Behta, Musahari, Block Benipatti. R/o Village Behata, P.O. P.S. Benipatti, District- Madhubani. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Primary Education, Govt. of Bihar, Patna. 2. The Director, Primary Education, Vikas Bhawan, Govt. of Bihar, Patna. 3. The District Education Officer, Madhubani, Dist. Madhubani. 4. The District Programme Officer, Establishment, Madhubani. 5. The Block Education Officer, Block Benipatti, District- Madhubani. 6. The Block Development Officer, Block Benipatti, District- Madhubani. 7. The Executive Officer-cum-Member Secretary, Niyojan Unit, Nagar Panchayat, Benipatti, Block- Benipatti, District- Madhubani. 8. The Panchayat Secretary, Niyojan Unit, Nagar Panchayat, Benipatti, Block- Benipatti, District- Madhubani. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shambhu Sharan Kumar For the Respondent/s : Mr. Additional Advocate General (12) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 18-08-2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The present writ application has been filed on behalf of the petitioner for the following reliefs:- (i) For quashing of ‘order of termination’ vide Memo No.394 dated 30.04.2024 issued by the Respondent No.7 in direction of the Letter No.1838 dated 13.04.2024, issued by the Respondent No.04 against the petitioner from the post of Nagar Panchayat Teacher, Primary School, Behta, Musahari, Block Benipatti. (ii) For setting aside of order dated 13.04.2026 Patna High Court CWJC No.12520 of 2026(2) dt.18-08-2026 2/6 passed in Appeal Case No.17/2025 passed by the learned District Appellate Authority, Madhubani on basis of non-maintainable relief, against the petitioner. (iii) To direct the respondents to re-instate the petitioner on her original post of Nagar Panchayat Teacher, Primary School Behta, Musahari, Block Benipatti. (iv) For stay on proceeding of recovery of salary for about 19 years of service period under Public Demand Recovery Act, issued vide Letter No.1838 dated 13.04.2024 passed by the respondent no.04. (v) For payment of salary for the intervening periods to the petitioner as the petitioner has been un-employed throughout the period, in between period not engaged in anywhere and contesting the legal fighting, imposed by the concerned respondents authorities. (vi) For any other any appropriate relief as per the facts and circumstances of the case. 3. Learned counsel for the petitioner submits that the petitioner was appointed as Panchayat Shiksha Mitra on the basis of appointment letter bearing Memo No. 24 dated 25.06.2005 issued by the Sukh Suvidha Samiti, Gram Panchayat Raj, Behta, Block Benipatti, District Madhubani. On 01.07.2006, her services were absorbed as Panchayat Teacher. During her service, she successfully completed the evaluation tests and other training programmes as per the administrative directions issued by the concerned Department from time to time. After passing the training examination, the petitioner was treated as a trained teacher and was granted the trained pay scale Patna High Court CWJC No.12520 of 2026(2) dt.18-08-2026 3/6 with effect from January, 2014. 4. It is further submitted that in the year 2021, the Vigilance Department conducted an extensive enquiry and cross-checked the educational and other credentials of teachers in the district of Madhubani. The credentials of the petitioner were found to be genuine in the RTR matching. In the report prepared by the Vigilance Officer, as referred to in Letter No. BSEB/VVC/753/2021 dated 17.08.2021, the petitioner has been placed at Serial No. 17 amongst 30 candidates whose educational credentials were found to be genuine, which is appended with the writ application as Annexure-P/3. 5. Learned counsel for the petitioner further submits that pursuant to the order passed by this Court in C.W.J.C. No. 15459 of 2014 (Ranjeet Pandit Vs. The State of Bihar & Ors.), a Vigilance enquiry was conducted and, on the basis thereof, after about 19 years of service, Vigilance case, being Benipatti P.S. Case No. 59 of 2024 dated 15.03.2024, under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code, came to be instituted by the Vigilance Investigation Bureau, Patna, Camp District Madhubani. Thereafter, the petitioner was terminated from service vide Memo No. 394 dated 30.04.2024 passed by the respondent no. 7, pursuant to Patna High Court CWJC No.12520 of 2026(2) dt.18-08-2026 4/6 Letter No. 1838 dated 13.04.2024 issued by the respondent no. 4/ District Programme Officer (Establishment), Madhubani. 6. It is submitted that there is a material contradiction between the allegations in the FIR and the reason stated in the termination order. While the FIR alleges that the matriculation certificate of the petitioner is forged, the recommendation and the termination order proceed on the ground that the training certificate of the petitioner was not genuine. Learned counsel submits that the training certificate of the petitioner is genuine and that the same was not properly verified before passing the termination order. 7. Learned counsel for the petitioner lastly submits that no show-cause notice was issued to the petitioner and no opportunity of hearing was provided to her before passing the termination order. Thus, the impugned order has been passed ex parte, without affording any opportunity of hearing to the petitioner. This aspect has also not been disputed by learned counsel appearing for the State. 8. At this stage, learned counsel for the State submits that the if upon investigation the document which is appended with the writ application is found genuine the authorities may be directed to take appropriate decision in Patna High Court CWJC No.12520 of 2026(2) dt.18-08-2026 5/6 accordance with law. 9. Having considered the submissions advanced by learned counsel for the parties and upon perusal of the impugned order dated 30.04.2024, it does not appear that any show-cause notice was issued to the petitioner or that any opportunity of hearing was afforded to her before passing the order of termination. Further, the material placed on record indicates that the educational credentials of the petitioner had earlier been found to be genuine during the verification conducted by the Vigilance Department. There is also a discrepancy with the allegation made in the FIR which refers to the matriculation certificate, while the ground mentioned in the termination order refers to the training certificate being forged. 10. Under the aforesaid circumstances, the impugned order of termination dated 30.04.2024, as contained in Memo No. 394, being in violation of the principles of natural justice, the same cannot be sustained and is, accordingly, set aside. The concerned authority is directed to reinstate the petitioner in service forthwith. The petitioner shall be entitled to all consequential benefits in accordance with law. 11. It is, however, made clear that the respondent- authorities shall be at liberty to proceed afresh, in accordance Patna High Court CWJC No.12520 of 2026(2) dt.18-08-2026 6/6 with law, if occasion arises before the respondent to place the petitioner under departmental enquiry, which can be done by resorting to the procedures as provided in law. Needless to say, if any such proceeding is drawn, the same shall be conducted in accordance with law and after affording due opportunity of hearing to the petitioner, final order shall be recorded. 12. The writ application stands disposed of in the aforesaid terms. shikha/- (Ajit Kumar, J) U