Sima Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12396 of 2024 ====================================================== Sima Kumari Wife of Shri Raj Kumar Resident of village- Majhaulia, Post Office- Hetimpur, Police Station- Jamo Bazar, District- Siwan. Panchayat Teacher, Govt. New Primary School Makhuan, Anchal- Goreyakothi, DistrictSiwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Education Department Govt. of Bihar, Patna.

3.

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

The District Education Officer, Siwan.

5.

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

The Block Development Officer, Goreyakothi, District- Siwan. 7.

The Block Education Officer, Goreyakothi, District- Siwan. 8.

The Mukhiya, Gram Panchayat Raj Majhaulia, Anchal- Goreyakothi, District- Siwan.

9.

The Panchayat Secretary, Gram Panchayat Raj Majhaulia, AnchalGoreyakothi, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra For the Respondent/s :

Mr. Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-08-2024

1. Heard learned counsel for the parties concerned.

2. The petitioner has filed the present writ application, being aggrieved by the order passed by the Member Secretary, Teacher Employment Unit, Gram Panchayat Majhaulia, Goreyakothi, Siwan, vide letter no. 49, dated 28.06.2024, by which the petitioner has been terminated from the post of Panchayat Teacher, Government New Primary School, Makhuan, Goreyakothi, Siwan.

Patna High Court CWJC No.12396 of 2024(2) dt.20-08-2024 2/2

3. Learned counsel for the State submits that the District Appellate Authority has been constituted under the Rules for hearing the grievances of the teachers. The petitioner has directly approached this Court without availing the remedy before the District Teachers Appellate Authority.

4. In view of the aforesaid submissions, the present writ application is disposed with the liberty to the petitioner to approach the District Teachers Appellate Authority, Siwan, against the impugned order.

5. The petitioner shall be at liberty to amend the application filed in the year 2012.

6. It is made clear that if an appeal is filed within one month from today, with condonation of delay petition, the concerned District Teacher Employment Appellate Authority shall consider the same and shall pass a reasoned order, in accordance with law, as early as possible.

7. With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U