Hira Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22086 of 2018 ====================================================== Hira Kumari Wife of Shiv Nandan Kumar, Daughter of Sri Chandra Deo Yadav, Resident of Village-Orahi, P.S.-Ghalair District-Madhepura, at Present Resident at Shivpuri, Ward no. 14, P.S.Dist-Saharsa. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director Primary education, Govt. of Bihar, Patna. 4.

The District Education Officer, Supaul, District-Supaul. 5.

The District Programme Officer Est., Supaul, District-Supaul. 6.

The Block Education Officer, Supaul, District-Supaul. 7.

The Block Development officer, Supaul, District-Supaul. 8.

The Panchayat Secretary, Loukaha, Block District-Supaul. 9.

The Mukhiya of the Gram Panchayat of Loukaha, District-Supaul. 10.

The Vigilance through Dy. I.G., Bihar Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Sharda Nand Mishra, Adv.

For the State :

Mr.Narendra Kumar, AC to GP XX ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 13-12-2022 Heard the parties.

The matter relates to termination of service of the petitioner who is admittedly Panchayat Teacher. Learned counsel submits that the service is not forged. The question will have to be examined on factual basis. Keeping in view the law laid down in the judgment dated 23.02.2022 passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vrs. The State of Bihar & Ors.) and connected matters

Patna High Court CWJC No.22086 of 2018(6) dt.13-12-2022 2/2 reported in 2022 (2) B.L.J., 381 and the judgment dated 07.03.2022 passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), the petitioner is relegated to the District Appellate Authority which is the appropriate forum. As soon as the same starts functioning, the petitioner would be entitled to file an appeal before the same.

If such an appeal is preferred, the same shall be decided expeditiously.

The writ petition stands disposed of.

(Sanjeev Prakash Sharma, J) Shamshad/- Item No. 1 U