Priti Aradhna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13875 of 2023 ====================================================== Priti Aradhna Wife of Rajeev Kumar, 404, Tara Tand, Sudha Niwas, P.S. Jhumri Telaiya District - Koderma, State Jharkhand- 825409, presently working as In-Charge Headmistress as middle School Badawa, P.O. Dumri, P.S. Fatehpur, Block - Fatehpur, District- Gaya (Bihar) PIN - 805128. ... ... Petitioner

Versus

1.

The State of Bihar through its Chief Secretary, Bihar, Patna. 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Regional Deputy Director, Education Department, Magadh Division, Gaya.

4.

The District Education Officer, Gaya District. 5.

The District Programme Officer (Establishment) Gaya District. 6.

The Block Education Officer, Fatehpur, Gaya District. 7.

The Block Panchayati Raj Officer, Gaya District. 8.

Poonam Kumari, Assistant Teacher (TET) Social Science, Middle Schol, Badawa Fatehpur Block, P.S.- Fatehpur, Gaya District. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahtab Alam, Advocate For the Respondent/s :

Mr.Madan Jeet Kumar ( Gp 20 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and the State.

2. Writ petition has been filed for following relief:- "(A) For issuance of appropriate writ/ order/ directions for quashing order contained in Memo No. 196 dated 11.07.2023 (Annexure-9) issued under the signature of Member Secretary Block Teacher Employment Unit cum Block Panchayati Raj Officer, Fatehpur, Gaya. Whereby and whereunder present petitioner has put under the suspension and under departmental proceeding under the Bihar State Panchayat Primary Teacher (Appointment/ Transfer/ Promotion & Disciplinary Proceedings) Rules 2020, which is arbitrary illegal and incomplete violation of Principle of natural justice.

(B) For issue of appropriate writ/order/directions to the respondent authorities to make payment of salary to the petitioner which has been illegally withheld since May 2022 without any rhyme and reason without any show cause notices to the petitioner.

Patna High Court CWJC No.13875 of 2023(2) dt.12-12-2024 2/2 For issuance of appropriate writ/order or directions to the respondent authorities not to interfere in peaceful functioning of the petitioner as Block Teacher in Middle School, Badawwa, Fathepur, Gaya."

3. At the outset, learned counsel for the petitioner submits that during pendency of the writ petition, petitioner's suspension has been revoked and in this view of the matter, petitioner may be given liberty to file representation before respondent no. 6 for redressal of her grievance.

4. In view of the nature of prayer made by learned counsel for the petitioners, let the petitioners file such application before respondent no.6 within a period of six weeks from today.

5. In the event, if such application is filed within the said stipulated period, respondent no.6 shall look into the matter and dispose of the same by a reasoned and speaking order in accordance with law after hearing the parties, preferably within a period of six weeks from the date of receipt of the application.

6. Writ petition stands disposed of with the aforesaid directions.

(Prabhat Kumar Singh, J) Shashi U