Dimple Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13747 of 2022 ====================================================== Dimple Pandey Daughter of Sri Surendra Pandey, Wife of Sri Sudhakar Mani Tripathi, Resident of Village-Amarawa Khurd, P.O.-Semra Hardo Patti, P.S.- Patherwa, District Kushinagar (Uttar Pradesh). ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Director, Primary Education, Government of Bihar, New Secretariat, Patna.

2.

The Director, Primary Education, Government of Bihar, New Secretariat, Patna.

3.

The District Magistrate, Gopalganj.

4.

The Deputy Development Commissioner, Gopalganj. 5.

The District Education Officer, Gopalganj.

6.

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

The Member Secretary, Block Teachers Employment Unit-Cum-Block Development Officer, Panchdeori, P.O. and P.S.-panchdeori, DistrictGopalganj 8.

The Block Education officer, Panchdeori, P.O. and P.S.-Panchdeori, DistrictGopalganj 9.

The Block Panchayat Raj Officer, Kuchaikote, P.O. and P.S.-Kuchaikote, District-Gopalganj, the then Member Secretary, Block Teachers Employment Unit Panchdeori, District-Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Advocate For the Respondent/s :

Mr. Madan Jeet Kumar ( GP 20 ) Mr. Narendra Kumar, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-02-2023 The petitioner by way of this writ petition has prayed

Patna High Court CWJC No.13747 of 2022(3) dt.23-02-2023 2/3 as under :- "For quashing the order passed by the District Programme Officer (Establishment), Gopalganj in Memo NO.

2907 Gopalganj dated 10.08.2022 to Member Secretary, Block Teachers Employment Unitcum-Block Development Officer, Panchdeori for cancellation of her selection/appointment/candidature under counselling referring the certain irregularities in counseling and enquiry report without issuing show-cause and providing reasonable opportunity of hearing, which reveals that the entire exercise was violation of natural justice as on or before the adverse remark/order, whereas, 'Right of Hearing' is basic and elementary law as well as the further prayer relates with the direction for issuance of formal letter of appointment in terms of Memo No.

136 dated 15.02.2022 issued by the Additional Chief Secretary, Education Department, Govt.

of Bihar and give the proper posting and for other necessary relief/reliefs on the basis of the facts and circumstances of the case enumerated stated and discussed hereinafter."

2. Admittedly, the petitioner is a Block Teacher/ Panchayat Teacher and would be amenable to jurisdiction under the District Appellate Authority. Keeping in view the law laid down by this Court 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

Patna High Court CWJC No.13747 of 2022(3) dt.23-02-2023 3/3 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.), the writ petition is dismissed with liberty to file appeal before the concerned District Appellate Authority. (Sanjeev Prakash Sharma, J) Ashwini/- Item No.16 U