Pawan Kishore Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15042 of 2015 ====================================================== Pawan Kishore Singh S/o Sri Awadh Kishore Singh Resident of Village and Post Office Giddhaur, District Jamui.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

3.

The Director, Secondary Education, Government of Bihar, Patna. 4.

The District Magistrate, Jamui.

5.

The Secondary School Teacher Employment Unit through its Chairman, Jamui District Board, Jamui.

6.

The Deputy Development Commissioner-cum-the Member Secretary, Secondary School Teacher Employment U 7.

The District Education Officer, Jamui.

8.

The District Programme Officer Establishment, Jamui. 9.

The District Teacher Employment Appellate Authority through its Chairman, Jamui.

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

For the Petitioner/s :

Mr.Rajiv Nayan Singh, Adv.

For the Respondent/s :

Smt. Namrata Mishra- Ga13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 22-02-2023

1. Learned counsel for the petitioner has filed this writ petition for implementation of an order passed by the District Teachers Appellate Authority dated 19.01.2015 Rule 16 of the Rules of 2020 reads as under:

"16. Power to impose Punishment:- In case of non-compliance of the order/direction or in case of any complaints by the party for

Patna High Court CWJC No.15042 of 2015(2) dt.22-02-2023 2/3 compliance of the order:- (i) The Appellate Authority shall impose punishment againstconcerned party but he will be given adequate opportunity of hearing before imposing punishment.

(ii) The Appellate Authority may impose penalty upto Rs. 50,000/- (Fifty thousand only) upon the answerable party. The amount of penalty shall be deposited in the Treasury under the head indicated by the Department. The amount of penalty shall be recoverable by way of Public demand.

(iii) The Appellate Authority shall have jurisdiction to make recommendation to the concerned Department to initiate Departmental proceeding or to take necessary action against the delinquent employee under the provisions of Bihar Service Code/Bihar Panchayat Raj Act 2006/Bihar Municipal Act 2007 and other relevant provisions."

2. In view of the above, the concerned District Teachers Appellate Authority has power to get its orders implemented and also take action against the concerned defaulting officers including imposing of fine.

Patna High Court CWJC No.15042 of 2015(2) dt.22-02-2023 3/3

3. Granting the petitioner liberty to take up the matter before the concerned District Teachers Appellate Authority.

4. Accordingly, the writ petition is disposed of as not maintainable.

(Sanjeev Prakash Sharma, J) Suraj/- Item No. 40 U