Kamal Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13063 of 2019 ====================================================== Kamal Kumari Daughter of Suresh Prasad Singh, Resident of VillageBirniya, P.S. Dhoraiya, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education Department, Govt. of Bihar, Patna. 4.

The District Education Officer, Banka.

5.

The District Programme Officer(Establishment), Banka. 6.

The Block Development Officer, Dhoraiya, District- Banka. 7.

The Secretary, Bihar School Examination Board, Patna. 8.

The Principal Secretary, Vigilance Department, Bihar, Patna. 9.

The Police Inspector, Vigilance Investigation Beuro, Teacher Enquiry Incharge, Banka.

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

For the Petitioner/s :

Mr.Pranav Kumar Jha, Advocate :

Mr. Subodh Kr. Jha, Advocate For the Respondent/s :

Mr.Jitendra Kr. Roy 1 (SC 13) :

Mr. Gyan Shankar, Advocate For Vigilance :

Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2024 1.

Heard learned counsel for the parties concerned. 2.

The present writ application has been filed for quashing the letter no. 327 dated 25.04.2019, whereby and whereunder the services of the petitioner as Panchayat Teacher in Middle School, Rangram, Dhoraiya has been terminated on the ground that the petitioner has obtained employment on the basis of forged documents.

3.

Learned counsel for the Vigilance as well as State

Patna High Court CWJC No.13063 of 2019(4) dt.22-01-2024 2/2 submit that after inquiry conducted by the Vigilance, the certificate produced by the petitioner for appointment has been found to be forged. It has further been submitted that the petitioner, without availing the alternative remedy available before the Teachers Tribunal, has directly approached this Court.

4.

Having regard to the facts and circumstances of the case, the present writ application is disposed off, however, with liberty to the petitioner to approach the Teachers Tribunal. It is needless to state that if the petitioner approaches the appropriate authority within a period of 30 days from today along with petition for condonation of delay, the authority shall consider the same and pass orders, in accordance with law. (Anil Kumar Sinha, J) rinkee/- U