Jharkhand High Court
Shiv Kumar Mehta vs The State Of Jharkhand Through ... on 23 September, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:29385
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 997 of 2021
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1. Shiv Kumar Mehta, aged about 49 years, son of Shri Chotelal Mehta,
resident of village Nawadih P.O-Behradih P.S Nawadih, Koderma,
Pincode-825407, Jharkhand.
2. Ashok Kumar Mehta, aged about 47 years, son of Chandrashekhar Mehta
resident of village Nawadih P.O- Behradih P.S Nawadih, Koderma,
Pincode- 825407, Jharkhand.
3. Manju Kumari, aged about 52 years, wife of Sadanand Mehta, ward No. 7,
near Utkarmit Madhy Vidyalay, Village Nawadih P.O- Behradih & P.S
Nawadih, Koderma, Pincode-825407, Jharkhand.
... Petitioners
-versus-
1. The State of Jharkhand through Principal Secretary, Department of School
Education and Literacy Development, Government of Jharkhand, P.O &
P.S Dhurva, District-Ranchi.
2. The Director, Primary Education, Department of School Education and
Literacy Development, Government of Jharkhand, P.O & P.S - Dhurva,
District-Ranchi.
3. The Deputy Commissioner-cum-President Sarva Shiksha Abhiyan
Koderma, P.O & P.S: Koderma, District-Koderma, Jharkhand.
4. The Director, Sarva Shiksha Abhiyan, P.O, P.S & District-Ranchi.
5. The District Education Officer cum Block Education Officer, P.O & P.S- &
District-Koderma.
6. The District Superintendent of Education cum District Programme Officer,
Jharkhand Shiksha Abhiyan, P.O & P.S- & District-Koderma.
7. The Block Education Extension Officer, P.O & P.S-Behradih, District-
Koderma, Jharkhand.
8. The President, Gram Shiksha Samiti, Upgraded Middle School, Nawadih,
P.O & P.S Nawadih, District- Koderma, Jharkhand.
9. The Secretary, Gram Shiksha Samiti, Upgraded Middle School, Nawadih,
P.O & P.S Nawadih, District- Koderma, Jharkhand.
.... Respondents
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CORAM : SRI ANANDA SEN, J.
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For the Petitioners: Mr. Ajit Kumar, Senior Advocate
Mr. Akash Ajit Kumar, Advocate
For the Respondents: Mr. Divyam, AC to SC IV
Mr. Krishna Murari, Advocate
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ORDER
RESERVED ON 01.09.2025 PRONOUNCED ON 23/09/2025
Petitioners, in this writ petition, have prayed for the following reliefs:-
a) To quash and set aside the order as contained in
memo No. 3847 dated 13.12.2019 (Annexure-3)
issued under the signature of Respondent No.1
whereby the respondent No.1 has directed the other
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respondents to terminate the services of the
petitioners from the post of para teachers from
Upgraded Middle School, Nawadih in the district of
Koderma.
b) To quash and set aside the office order as
contained in memo No.94 dated 11.02.2020
(Annexure-6) issued under the signature of
Respondent No.5 whereby and where under a
direction has been given to President and Secretary
of Gram Shiksha Samiti, Upgraded Middle School,
Nawadih, to stop the working of the petitioners as
para teachers from 12.02.2020.
c) To quash and set aside the office order as
contained in memo No.13 dated 05.01.2021
(Annexure-12) issued under the signature of
Respondent No.6 whereby and where under
President and Secretary of Gram Shiksha Samiti,
Upgraded Middle School, Nawadih, have been
informed that the services of the petitioners as para
teachers have been terminated.
d) To direct the respondents to reinstate the petitioner
in service with all consequential benefits including the
back wages for the interregnum period from the date
of stopping and termination till the date of
reinstatement.
2. The case of the petitioners is that they were appointed as Para
Teachers in Upgraded Middle School, Nawadih, District Koderma in an Aam
Sabha Meeting held on 20.11.2003. The petitioners received the honorarium
till December 2019. On 28.08.2018, a student fell ill after eating food in the
school under mid day meal scheme and died during the treatment. For this
incident, First Information Report being Domchanch P.S. Case No. 71/2018
was lodged against 11 persons including these petitioners. Thereafter,
investigation started and the petitioners vide memo No. 298 dated 01.09.2018
were deputed to work as para teachers and were transferred to other school in
the District of Koderma. During the period of deputation the petitioners were
receiving their honorarium. A complaint was made before the Human Rights
Commission regarding the same incident and the Principal Secretary
respondent No.1, on the basis of that, directed the Jharkhand Education
Project Council vide memo No. 3847 dated 13.12.2019 to terminate the
services of the para teachers of Nawadih Upgraded Middle School. Thereafter,
an Aam Sabha was conducted on 24.12.2019 in the presence of villagers to
decide on the issue of termination of the petitioners along with other para
teachers, wherein after considering all the facts and circumstances of the case
it was decided not to terminate the petitioners and the same decision was also
approved by the Block Education Committee. However, on the basis of letter
issued by the Superintending Officer cum District Programme Officer vide
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memo No.94 dated 11.02.2020 addressed to the Village Education
Committee, the petitioners have been restrained to work from 12.02.2020. The
petitioners, thereafter, made representation dated 02.03.2020 stating that the
action was taken behind their back without any enquiry or show cause, thus,
they sought for recalling the letter dated 11.02.2020.
The investigation under First Information Report No. 71 of 2018
got completed and final form was submitted disclosing the fact that there was
no involvement of the petitioners in the incident dated 28.08.2018. Charge-
sheet was submitted and cognizance was also taken against other persons.
The petitioners, thereafter, again made representations on 16.09.2020 and
02.12.2020 stating that the order of termination was passed without any
enquiry or serving show cause and nothing has been found in the
investigation against the petitioners. Even then the District Superintendent of
Education has finally terminated the services of the petitioner vide memo
No.13 dated 05.01.2021.
3. Learned counsel for the petitioners submitted that the services of
the petitioners were terminated without giving them an opportunity to be heard.
There was no enquiry made or show cause served upon the petitioners. The
counsel further submitted that vide memo No.1870 dated 13.08.2015, the
department has directed that the mid day meal scheme would be regulated by
the village committee and Sarswati Vahini and the teachers had been kept
separate from the mid day meal scheme. The counsel submits that the
decision of the Aam Sabha as well as the fact that no cognizance has been
taken against the petitioners by the trial court has been ignored and the
services of the petitioners have been terminated without conducting a proper
departmental proceeding in violation of principles of natural justice. The
counsel further submits that the District Superintendent of Education had no
jurisdiction to issue termination order when the village committee had decided
not to terminate the petitioners.
4. Learned counsel representing the respondents submits that the
petitioners were selected as para teachers on contractual basis by the Village
Education Committee as per the decision of Aam Sabha. The para teachers
were paid honorarium from Samagra Shiksha Abhiyan Scheme through JEPC
registered under the Society Registration Act. Learned counsel submits that
therefore, the Jharkhand Service Code which is applicable to the teachers
working in Government Elementary School is not applicable to the Para
Teachers. The counsel states that it was moral duty and responsibility of the
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teachers to look after the students in the campus. The counsel further submits
that a register is maintained in every school and the food provided to the
students were to be tested by teachers turn wise but no such register was
maintained in this school.
5. From the arguments of the parties and the records of the case, I
find that admittedly, the petitioners were appointed on contract. Their contracts
were terminated. Termination of contract is based on allegation that the mid-
day meal which was served, was consumed by a student and later on he died.
When a contract of service is terminated based on some allegation, the
principles of natural justice has to be followed. Either there has to be an
enquiry involving the delinquent after giving him full opportunity of hearing or at
least a show cause notice has to be issued and the reply has to be
considered. Any order, which has an adverse consequence, must be preceded
by an opportunity of hearing. This Court in the case of Saraswati Kumari
versus Director-cum-Member Secretary, Jharkhand Child Protection
Institution and others reported in 2025 SCC OnLine Jhar 832 while relying
upon the judgment of the Hon'ble Supreme Court in the case of U.P. State
Road Transport Corporation versus Brijesh Kumar [2024 SCC OnLine SC
2282], had observed as follows: -
4. The termination order is stigmatic. Even if a contractual
employee is sought to be removed from service but if the
order is stigmatic, a proper show-cause notice has to be
given and enquiry has to be conducted. Hon'ble Supreme
Court in the case of U.P. State Road Transport
Corporation v. Brijesh Kumar, 2024 SCC OnLine SC 2282
at paragraph 19 of the said judgment has held as
under: -
"19. The services of the respondent have been
determined solely on the ground of misconduct as
alleged but without holding any regular inquiry or
affording any opportunity of hearing to him. The
termination order has been passed on the basis of
some report which probably was not even supplied
to the respondent. No show cause notice appears
to have been issued to the respondent. Therefore,
the order of termination of his services, even if on
contractual basis, has been passed on account of
alleged misconduct without following the Principles
of Natural Justice. The termination order is
apparently stigmatic in nature which could not have
been passed without following the Principles of
Natural Justice."
6. In this case, admittedly, the petitioner was never issued any show
cause notice nor any opportunity of hearing was given to the petitioner as to
why not contract of the petitioner be terminated. If at all an enquiry was made,
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that was behind the back of the petitioner. Further, in the criminal case, clean
chit was given to the petitioner.
7. Considering the fact that no opportunity of hearing was given to
the petitioner, I am inclined to allow this writ petition. According, the office
order as contained in memo No.13 dated 05.01.2021 (Annexure-12) issued
under the signature of Respondent No.6 whereby and where under President
and Secretary of Gram Shiksha Samiti, Upgraded Middle School, Nawadih,
have been informed that the services of the petitioners as para teachers have
been terminated, is hereby set aside. Respondents are directed to reinstate
the petitioners and thereafter, if they want to take any disciplinary action
against the petitioners, it will be open to them to proceed, after giving full
opportunity of hearing to the petitioners after taking into consideration also the
exoneration of the petitioners in the criminal case.
8. This writ petition is, accordingly, allowed. Pending interlocutory
applications, if any, stand disposed of.
(Ananda Sen, J.)
rd
Ranchi, Dated 23 September, 2025
Kumar/Cp-02
