Rajni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1177 of 2023 ====================================================== Rajni Kumari D/o Late Prahlad Mishra, W/o Sri Vijay Kumar Singh R/o Village- Vasudeopur, Chaputa, P.O.- Rajauli, Hajipur, P.S.- Hajipur Sadar, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Disciplinary Authority-cum-the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.

3.

The District Education Officer, Vaishali-cum-the Enquiry Officer. 4.

The District Programme Officer (Establishment), Vaishali-cum-the Presenting Officer.

5.

The District Education Officer, Muzaffarpur- cum- the Enquiry Officer. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kumar Jha, Advocate For the Respondent/s :

Mrs. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 10-02-2023 The order dated 03.09.2022, (Annexure-32) challenged in the present writ petition, has been passed by the Regional Deputy Director, Tirhut Division, Muzaffarpur exercising powers as a Disciplinary Authority under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as 'the Rules'). The remedy of appeal against the said order is available under Rule 23 of the Rules before the Appellate Authority as mentioned in Rules 24 of the Rules. However, without filing an appeal before the

Patna High Court CWJC No.1177 of 2023 dt.10-02-2023 2/2 Appellate Authority, this writ petition has been filed directly before this Court.

Learned counsel for the petitioner submits that the enquiry report is vitiated as no evidence was recorded. In view of their being a statutory remedy of appeal available to the petitioner of filing an appeal (supra), this writ petition is held to be not maintainable and the same is dismissed.

(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 47 AFR/NAFR CAV DATE Uploading Date 13.02.2023 Transmission Date