Ranju Devi, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7845 of 2024 ====================================================== Ranju Devi, Wife Of Shri Braj Kishor Yadav, Resident of Village/Mohalla Mirjapur P.S.-Hathua, District-Gopalganj.
... ... Petitioner/s
Versus
1.
The State Of Bihar Through the Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna.
2.
The Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna.
3.
The District Education Officer, Gopalganj.
4.
The District Programme Officer, (Establishment), Gopalganj. 5.
The Block Panchayat Raj officer cum Block Teacher Employment Unit - cum - Member Secretary, Hathua Block, District - Gopalganj, 6.
The Officer in-Charge of Hathua Police Station, Gopalganj. 7.
The Sub Inspector of Police -cum- The Investigating Officer of Hathua P.S. Case No. 21/2022, Hathua Poloce Station, District - Gopalganj. 8.
Govt. Upgraded Secondary School, Block - Hathua, District - Gopalganj through its Head Master.
9.
Bihar School Examination Board, Sinha Library Road, Patna through its Secretary.
10.
The Chairman, Bihar School Examination Board, Sinha Library Road, Patna.
11.
The Secretary, Bihar School Examination Board, Sinha Library Road, Patna. 12.
Vigilance Department (Investigation Bureau), 6 Circular Road, Patna through the Principal Secretary of the Vigilance Department, Govt. of Bihar, Patna.
13.
The Inspector, Vigilance Investigation Bureau, Camp Gopalganj, 6 Circular Road, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar, Advocate For the Respondent/s :
Mr. Sarvesh Kumar, GP 24 For Vigilance Dept.
:
Mr. Rana Vikram Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-11-2024 Heard learned counsel for the parties.
2. The present application has been filed for setting
Patna High Court CWJC No.7845 of 2024(2) dt.26-11-2024 2/3 aside the order dated 14.01.2023 issued by the Respondent No. 5 whereby petitioner was dismissed from her service from the post of Assistant Teacher in Goverenment Upgraded Secondary School, Hathua, Gopalganj and for directing the respondents to submit a report regarding authenticity of the Intermediate Marksheet of petitioner and pay entire salary to the petitioner which is due since January, 2022.
3. At the outset, learned counsel for the State appears and raises preliminary objection with regard to the maintainability of this writ application on the ground that petitioner has got alternative remedy before the District Appellate Authority under Rule 13 of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020. He further submits that no reason has been assigned, as to why this writ application shall be heard by this Hon'ble High Court, even when alternative remedy to move before the District Appellate Authority is available to the petitioner.
4. Learned counsel for the petitioner is not in a position to dispute the contentions made on behalf of the State.
5. Considering the aforesaid facts and circumstances, this writ petition is disposed of with direction to petitioner to
Patna High Court CWJC No.7845 of 2024(2) dt.26-11-2024 3/3 move before the concerned District Appellate Authority by filing appeal and the District Appellate Authority is directed to proceed in the matter and dispose of the same in accordance with law, as expeditiously as possible.
6. Needless to state here that the issue of limitation, if any, arises, the same may be considered, as the petitioner was pursuing the matter before this Court under Article 226 of the Constitution of India.
7. With the aforesaid observations and directions, this writ application is disposed of.
(Prabhat Kumar Singh, J) Navya/- U