Reeta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17989 of 2021 ====================================================== Reeta Kumari, D/o Ramanand Singh, R/o Village-Ojha Bigha, PostVaidrubad, P.S.-Arwal, Dist-Arwal. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Vikash Bhawan, Bailey Road, Patna.

3.

The Bihar School Examination Board (Senior Secondary) through its Secretary, Budha Marg, Patna.

4.

The Chairman, the Bihar School Examination Board (Senior Secondary) Budha Marg, Patna.

5.

The District Education Officer, Arwal.

6.

The District Programme Officer (Establishment), Arwal. 7.

The Executive Officer, Nagar Parishad, Arwal. 8.

The Block Education Officer, Arwal.

9.

The Chairman, Teacher Appointment Unit, Nagar Parishad, Arwal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Navnit Kumar, Advocate For the Respondent/s :

Smt. Binita Singh (SC28) Mr. Gyan Shankar, Advocate Ms. Namrata Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 13-02-2023 The petitioner by way of this writ petition has prayed as under :- "i. For issuance of a writ, in the nature of certiorari or any other appropriate writ order/orders or direction for quashing the memo no.1012, Arwal dated -29.10.2018 as well as memo no. 411, Arwal dated -1.11.2018 by which District Programme Officer (Establishment), Arwal, annexing a

Patna High Court CWJC No.17989 of 2021(3) dt.13-02-2023 2/3 letter of investigating officer of Vigilance Bihar, Patna directed the executive officer Nagar Parishad Arwal to stop the presence of the petitioner in the school and to stop the salary of the petitioner to the immediate effect and initiate a proceeding to terminate the service of the petitioner. A copy of the same was also send to Block Education Officer, Arwal. Accordingly Block Education Officer, Arwal mentioning a new memo vide memo no. 411, Areal, dated -1.11.2018 through pen over the bottom of same letter and directed the headmaster of the concerned school to comply the above mentioned order without issuance of show cause notice and without having authority and jurisdiction to terminate the service of the petitioner. But till date no any order of termination has been served to the petitioner nor taken work from the petitioner.

ii. For issuance of a writ in the nature of mandamus or any other appropriate writ order or direction, directing the respondents no.3 and 4 to issue original certificate (SANAD) of intermediate examination in science, 1995 hold in the month of April, 1995 passed out in 1st Division.

iii. For issuance of a writ in the nature of mandamus or any other appropriate writ order or direction directing the respondents to reinstate the petitioner on her post and grant all consequential benefit to the petitioner from the date of her termination.

Patna High Court CWJC No.17989 of 2021(3) dt.13-02-2023 3/3 iv. For grant of any other relief/reliefs for which the petitioner is found entitled to."

2. Considering it that this matter is covered by the Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this writ petition is dismissed with liberty to file appeal before the concerned District Appellate Authority.

(Sanjeev Prakash Sharma, J) Ashwini/- Item No.1 U