Mamta Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6915 of 2015 ====================================================== Mamta Kumari, wife of Shankar Kumar, resident of village- Ekarha, P.SChewara, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

3.

The Director, Primary Education, Bihar, Patna. 4.

The District Magistrate, Sheikhpura.

5.

The District Education Officer, Sheikhpura.

6.

The District Programme Officer (Establishment), Sheikhpura. 7.

The Block Education Officer, Chewara, District- Sheikhpura. 8.

The Panchayat Secretary- Cum Member Secretary, Panchayat Teachers Selection Unit, Lohan, Gram Panch ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Prasad Singh, Advocate For the Respondent/s :

Mr.Aag13-A.K.Chaudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and the respondents.

It appears that the petitioner has earlier approached the District Teachers Employment Appellate Authority, but due to non-cooperation of the respondents, the petitioner has withdrawn the appeal and now the petitioner has filed the present writ application.

Considering the fact that against the decision of the termination, the appropriate forum is District Teachers

Patna High Court CWJC No.6915 of 2015(2) dt.14-02-2020 2/2 Employment Appellate Authority, the Court grants liberty to the petitioner to file fresh appeal before the District Teachers Employment Appellate Authority, who shall adjudicate the claim of the petitioner within a maximum period of three months from the date of receipt/production of a copy of this order.

The District Teachers Employment Appellate Authority cannot take the shelter of non-cooperation of the respondent authorities. The Appellate Authority will decide the claim of the petitioner on its own merit, even if there is no response or cooperation by the respondent authorities on the basis of whatever material is available on the record. (Anil Kumar Upadhyay, J) uday/- U