The State Of Bihar v. Amarkant Chaudhary

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.238 of 2022 In Civil Writ Jurisdiction Case No.457 of 2022 ====================================================== 1.

The State of Bihar Bihar.

2.

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

3.

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

The Regional Deputy Director of Education, Darbhanga Division, Darbhanga.

5.

The District Education Officer, Darbhanga, District - Darbhanga. 6.

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

Block Development Officer, Benipur, Darbhanga. 8.

Block Education Officer, Benipur, Darbhanga.

9.

The Block Teachers Selection/Employment Committee, Benipur Block, Darbhanga through the Ex-Officio Secretary-cum-Block Development Officer, Benipur, Darbhanga.

... ... Petitioner/s

Versus

Amarkant Chaudhary Son of Sri Nunu Chaudhary, resident of Village - Bishnupur, P.O. - Sakatpur, P.S. - Sakatpur, District - Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Jha (AC To SC 28) For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-11-2022

1. This review petition has been preferred seeking review of order passed by this Court dated 8th March 2022 stating that the respondent were having no knowledge about the order passed by the District Appellate Authority. Certain documents have been filed in the review petition contesting the original case and facts of the writ petition. It is also stated that

Patna High Court C. REV. No.238 of 2022(2) dt.23-11-2022 2/3 the order passed by the District Appellate Authority Darbhanga dated 23rd March 2018 has been challenged by filing an appeal before the State Appellate Authority, after the judgment was passed by the Court dated 8th March 2022. Learned counsel submits that the petitioner was not offered appointment.

2. I have considered the submissions, a look at the review petition shows that the order passed by the District Teachers Appellate Authority has been assailed and it is alleged that the petitioner was able to get a favourable order from the District Teachers Appellate Authority as well as this Hon'ble Court. Language used in the review petition is insinuating and is deprecated by this Court.

3. This Court also finds that while passing the order dated 8th March 2022, this Court noticed that the learned counsel appearing for the respondent had stated that he had not received any instructions from the Block Development Officer, Benipur, Darbhanga and since the State Counsel pleaded no instructions, the order was passed holding accountability on the officers concerned with direction to recover the interest amount from the salary of the officers concerned, who were holding the post from 23rd March 2018 till date.

4. The directions were further issued to withhold the

Patna High Court C. REV. No.238 of 2022(2) dt.23-11-2022 3/3 salary of the District Education Officer if the salary amount is not released in favour of the concerned petitioner. It appears that the District Education Officer, Darbhanga has thereafter proceeded to reject the claim of the petitioner by passing an order on 15.06.2022 and the same is the basis for seeking review of order of this Court.

5. This Court is surprised in the manner in which review petitions are filed in this Court by officers, in order to cover up their mistakes, they even proceed to go and flout the orders of the Court itself and make comments.

6. While dismissing the review petition a cost of rupees 1 lakh is imposed on the District Education Officer which has to be deposited with the Patna High Court Legal Services Authority within 15 days. The copy be also sent to the Additional Chief Secretary Education. The review petition is dismissed accordingly.

(Sanjeev Prakash Sharma, J) shaswat/- Item No. 59 U