Patna High CourtCWJC/19881/2015allowed

Smt. Malti Kumari v. The State Of Bihar And ORS

2018-12-11Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19881 of 2015 ====================================================== Smt. Malti Kumari, D/o Munilal Ram resident of Mohalla- Bari Pahari Mansoon Nagar Soh Sarai P.S. Biharsharif, District- Nalanda ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Department, Govt. of Bihar, New Secretariat, Bailey Road, Patna

3. The Director, Primary Human Resources Department, Govt. of Bihar, New Secretariat, Bailey Road, Patna-1

4. The Joint Secretary, Human Resources Department, Govt. of Bihar, New Secretariat, Bailey Road, Patna.

5. Sri Surendra Kumar, The District Programme Officer, Establishment, Nalanda at Bihar Sharif

6. Sri Yogesh Chandra Singh, The District Education Officer, Nalanda at Biharsharif

7. The District Superintendent of Education, Nalanda

8. The Secretary, Faizanul-o-loom Urdu Girls Middle School, Mohalla- Laheri, P.S.- Biharsharif, District- Nalanda

9. The Headmaster Faizanul-o-loom Urdu Girls Middle School, MohallaLaheri, P.S.- Biharsharif, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anisur Rahman, Advocate For the Respondent/s :

Mr. Aag11- Ashok Kumar Keshari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is aggrieved by the order contained in

Patna High Court CWJC No.19881 of 2015(2) dt.11-12-2018 2/3 Annexure -9 whereby the District Education Officer, Nalanda at Biharsharif has cancelled the earlier decision of granting approval of the service of the petitioner Malti Kumari vide memo No.1758 dated 02.12.2015. Ex faice The Court is of the view that the District Education Officer does not hold the appellate power, the Court is also of the considered view that decision of the District Education Officer granting approval of the service cannot be cancelled once it is granted and acted upon as such action tantamounts to review of the previous decision and there is no such power vested in the District Education Officer to review the decision granting approval of the service of the petitioner. Similar issue was examined by this Court in the case of Sarwat Afroz in C.W.J.C. No.

448 of 2016 where the Court noticing the case of denial of principles of natural justice and considering the judgment of Basudeo Tiwari case the order was held as violative of principles of natural justice and accordingly quashed. For the reasons mentioned in C.W.J.C. No. 448 of 2016 and also on consdieration of reasons as discussed hereinabove, the order contained in Annexures-9 and 10 cannot sustain, it is accordingly quashed.

Patna High Court CWJC No.19881 of 2015(2) dt.11-12-2018 3/3 period of four months from the date of receipt/production of a copy of this order.

With the aforesaid, the present writ petition stands allowed and disposed of.

(Anil Kumar Upadhyay, J) T.Kr./Rashid U