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Patna High CourtCWJC/4787/2020dismissed

Shah Shobha Kumari v. The State Of Bihar

2022-11-18Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4787 of 2020 ====================================================== Shah Shobha Kumari Wife of Sri Nageshwar Sah, Resident of Road No. 3, Near Damodarpur Gumti, Rahul Nagar, Brahmpura, P.O.-M.I.T., P.S.- Brahmpura, District-Muzaffarpur, presently working as an Assistant Teacher in Government Basic School, Haranbadha, District-Saran at Chapra. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary Education, Education Department, Government of Bihar, Patna.

4.

The Regional Deputy Director of Education, Saran Division, Chapra. 5.

The District Education Officer, Saran at Chapra, District-Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anita Kumari, Adv.

For the State :

Mr. Priyadarshi Matri Saran AC to Aag15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-11-2022

1. Heard the parties.

2. The petitioner by way of this writ petition prays for quashing of the letter dated 26.12.2019, whereby the respondents has issued a second show cause notice to the petitioner in a departmental enquiry.

3. In the opinion of this Court, this writ petition is wholly pre-mature. A writ petition would not lie at this stage as there is no final order passed. The show cause notice reply may result in decision being passed in favour of the petitioner or otherwise. Any decision alone can be a subject matter of judicial

Patna High Court CWJC No.4787 of 2020(2) dt.18-11-2022 2/2 review. Moreover, this Court finds that any order passed in the departmental enquiry is also appealable as per Rules of 2005 before the appropriate appellate authority.

4. Keeping in view thereto, the writ petition is dismissed at the stage.

(Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 84 U