Kumari Priyanka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8478 of 2022 ====================================================== Kumari Priyanka Wife of Sri Ram Pravesh Singh Resident of Village-Karma Satuahee, P.S.-Jamhore and Distt.-Aurangabad Presently at Mohalla-Adarsh Colony, P.S.-Karma Road, P.S. and District-Aurangabad. .. ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Human Resources Development, Government Bihar, Patna. 2.

The District Magistrate, Aurangabad.

3.

The District Education Officer, Aurangabad.

4.

The District Programme Officer (Est.), Aurangabad. 5.

The Block Development Officer, Block Baroon District-Aurangabad. 6.

The Block Education Officer, Block Baroon District-Aurangabad. 7.

The Prakhand Pramukh Cum Chairman, Block Teacher Selection Unit, Block Baroon District-Aurangabad.

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate For the Respondent/s :

Mr. Subhash Chandra Mishra, SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 26-03-2026 Heard the parties.

2. Learned counsel for the petitioner submits that during pendency of the writ petition, the suspension order of the petitioner issued vide Memo No. 732 dated 13.05.2022 has been withdrawn, however vide Memo No. 264 dated 01.10.2022 issued under the signature of the Secretary, Employment UnitCum-Block Panchayat Raj Officer, Baroon, Aurangabad, the petitioner has been inflicted with certain punishment and the same has been assailed by the petitioner by filing I.A. No. 01 of 2023.

3. The learned counsel for the State submits that since

Patna High Court CWJC No.8478 of 2022(7) dt.26-03-2026 2/2 the punishment order has been passed after proper departmental proceeding, the petitioner is required to file a writ petition challenging the said punishment order, on its own merit.

4. Having heard the learned counsel for the parties and after considering the submissions advanced by the parties, this Court is of the opinion that the order contained in Memo No. 264 dated 01.10.2022 has been passed after initiation of proper departmental proceeding, wherein the petitioner has duly participated and in absence of the relevant documents on record i.e. the memo of charge, the show cause reply, the inquiry report and the other relevant documents it is not appropriate to pass any order on I.A. No. 01/2023, whereby the petitioner has challenged the Memo No. 264 dated 01.10.2022.

5. Accordingly, the present writ petition is disposed of as infructuous with a liberty to the petitioner to assail the order contained in Memo No. 264 dated 01.10.2022 in a proper proceeding. I.A. No. 01 of 2023 is also disposed of in terms of the order passed above.

(Ritesh Kumar, J) AjayMishra/- U