Karuna Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14038 of 2022 ====================================================== Karuna Kumari W/o Sri Amod Kumar Suman Resident of Village-Panapur Dharampur, P.S.-Bidupur, District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Director, Primary Education, Education Department,Government of Bihar, Patna.

3.

The District Education Officer, Vaishali.

4.

The District Programme Officer (Estb.) Vaishali. 5.

The Block development officer-Cum-Executive Officer, Block Teachers Appointment Unit, Bidupur Block, District -Vaishali. 6.

The Block Education Officer, Bidupur Block, District -Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surya Kant Mishra For the Respondent/s :

Mr.Jitendra Kumar Roy 1 ( Sc 13 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-02-2023

1. The petitioner by way of this writ petition has prayed as under :- "1. That, this writ application is directed against the order dt. 21.05.2022 issued under the signature of respondents Block Development Officer-cum-Executive Officer, Block Teachers Appointment Unit, Bidupur Block, District-Vaishali whereby and whereunder the respondent has been pleased to dismiss the petitioner from her regular service of Block teacher working at Middle School Panapur Dharampur under Bidupur Block of Vaishali district without extending the opportunity to the petitioner for being

Patna High Court CWJC No.14038 of 2022(3) dt.24-02-2023 2/2 heard that to without any preliminary enquiry/ enquiries. The respondents be restrained from giving effect of the impugned order of dismissal of the petitioner from the post of Block Teacher.

This writ application is also being filed for a direction to the respondents to reinstate the petitioner with her arrears salary consequent thereto.

This writ application is also being filed for other reliefs as well."

2. Admittedly, the petitioner is a Block 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 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) Sachin/- Item No. 22 U