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Patna High CourtMJC/2947/2024disposed

Pramila Kumari v. The State Of Bihar

2024-10-04Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2947 of 2024 In Civil Writ Jurisdiction Case No.5911 of 2024 ====================================================== Pramila Kumari Wife of Sri Vivekanand Sharma Resident of Mohalla - Satsang Nagar, Road No. 1, Gali No. 2 Satsang Nagar, P.S. Jehanabad, District- Jehanabad at Present Working as Headministrees Murlidhar Inter School, Jahanaband ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna. Namely Sri S. Sidhartha. 2.

The Director, Secondary Education, Education Department, Govt. of Bihar, Namely Sri Baidyanath Yadav.

3.

The Joint Secretary, Education Department, Govt. of Bihar Namely Smt. Pushpa Jha.

4.

The Regional Deputy Director, Education, Magadh Division, Gaya. Namely Sri Sunil Kumar.

5.

The District Education Officer, Jehanabad Namely Rashmi Rekha. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Government Pleader 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 04-10-2024 Heard learned counsels for the parties.

2. The petitioner has filed this application under Article 215 of the Constitution of India read with Section 12 of the Contempt of the Courts Act, 1971 alleging violation of the order dated 31.07.2024 passed by this Court in C.W.J.C. No. 5911 of 2024, whereby the petitioner, who was under order of transfer within the district of Jehanabad, was

Patna High Court MJC No.2947 of 2024 dt.04-10-2024 2/3 directed to submit a representation to the Director, Secondary Education, Education Department, Govt. of Bihar for reconsideration of the transfer order of the petitioner and upon such representation being filed by the petitioner, the respondent No.2 / the Director, Secondary Education, Education Department, Govt. of Bihar was directed to consider and dispose of the representation filed by the petitioner within a period of two weeks.

3. Pursuant thereto, the petitioner had filed a representation before the Director, Secondary Education, Education Department, Govt. of Bihar on 1st August, 2024. The Director, Secondary Education, Education Department, Govt. of Bihar has now passed an order dated 20.08.2024 (Annexure P/6), whereby upon consideration of the representation filed by the petitioner dated 01.08.2024 pursuant to the order of this Court passed in the writ petition, referred to hereinabove, has passed an order demoting the petitioner from the Headmaster to Assistant Teacher.

4. Since the Director, Secondary Education, Education Department, Govt. of Bihar has passed the order dated 20.08.2024 in compliance of the order dated

Patna High Court MJC No.2947 of 2024 dt.04-10-2024 3/3 31.07.2024 passed by this Court in C.W.J.C. No. 5911 of 2024, no case of contempt by the respondents is made out.

5. It shall, however, be open for the petitioner to challenge the order dated 20.08.2024 passed by the Director, Secondary Education, Education Department, Govt. of Bihar, if so advised.

6. With the above directions/observations, the application is disposed of.

(Nani Tagia, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05.10.2024 Transmission Date N.A.