Allowed

Taramuni Devi and Ors. v. the State of Bihar and Ors.

Patna HC25 Mar 2011CWJC/14781/2009

Case brief

AI extract

What is this about?

The Court allowed a writ petition wherein petitioners complained of the manner in which the State had conducted litigation after the impugned orders were already quashed and teachers reinstated in a connected case, directing rigorous litigation policy.

What did the court decide?

The writ application was allowed to reflect the Court's pain at the State's conduct in litigation; no further formal orders were required as the impugned orders were already quashed.

Taramuni Devi and Ors. Vs the State of Bihar and Ors. — Writ and Judicial Review | Patna HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CWJC No.14781 of 2009

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TARAMUNI DEVI W/O RAMNATHA BHAGAT VILL.- KORIYA, P.O. KORIYA, P.S. BHELDI, DISTT.- SARAN AT CHAPRA, AT PRESENT MUKHIYA GRAM PANCHAYAT, KORIYA, BLOCK- AMNAUR, DISTT.SARAN AT CHAPRA

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SHRI BHAGWAN BHAKT S/O LATE SRI AGIN BHAGAT VILL.SABBALPUR, P.S. SONPUR, P.O. SONPUR, DISTT.- SARAN AT CHAPRA, EX. PANCHAYAT SECRETARY, GRAM PANCHAYAT KORIYA, BLOCK- AMNAUR, DISTT.- SARAN AT CHAPRA 3. PANNA DEVI W/O BHIKHARI PRASAD VILL.- BASANTA, P.O. SUBHEPUR, P.S. BHALDI, DISTT.- SARAN AT CHAPRA, AT PRESENT MEMBER, PANCHAYAT SAMITI AND NIYOJAN SAMITI, KORIYA GRAM PANCHAYAT, BLOCK- AMNAUR, DISTT.- SARAN AT CHAPRA

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VISHNU PRASAD SINGH S/O LATE SHALIGRAM SINGH VILL.APHAR, P.O. APHAR, P.S. ABNAUR, DISTT.- SARAN AT CHAPRA, AT PRESENT HEAD MASTER RAI SAHAB UCCHA VIDYALAYA, PAIGA, DISTT.- SARAN AT CHAPRA AND ALSO MEMBER OF NIYOJAN SAMITI, GRAM PANCHAYAT- KORIYA, BLOCK- AMNAUR, DISTT.SARAN AT CHAPRA

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LAL MUNI DEVI W/O NAGENDRA SAH VILL.- AAKMA, PO TARWAR, P.S. BHELDI, DISTT.- SARAN AT CHAPRA, AT PRESENT WARD MEMBER, GRAM PANCHAYAT- KORIYA, BLOCK- AMNAUR, DISTT.- SARAN AT CHAPRA AND MEMBER, NIYOJAN SAMITI, GRAM PANCHAYAT- KORIYA, BLOCK- AMNAUR, DISTT.- SARAN Versus

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THE STATE OF BIHAR

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THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT. GOVT. OF BIHAR, PATNA

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THE DISTRICT MAGISTRATE, SARAN AT CHAPRA

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THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN AT CHAPRA

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THE BLOCK DEVELOPMENT OFFICER, AMNAUR DISTT.SARAN AT CHAPRA

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THE BLOCK EDUCATION OFFICER, AMNAUR DISTT.- SARAN AT CHAPRA

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THE BLOCK EDUCATION EXTENSION OFFICER, AMNAUR DISTT.- SARAN AT CHAPRA -----------

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25.03.2011 Heard learned counsel for the petitioners and the

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State.

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The petitioners are the Mukhiya, Panchayat Secretary and other members of the Panchayat Samiti,

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Gram Panchayat Koriya, Block-Amnaur. They are aggrieved by the order dated 17.7.2009 passed by the District Superintendent of Education recommending cancellation of the entire appointment process for Panchayat Teachers. Further prayer is to quash the order of the District Magistrate, respondent no. 3 dated 18.7.2009 and consequently, the order dated 6.8.2009 issued by the District Superintendent of Education, Saran cancelling the entire appointments and directing institution of a First Information Report against the members of the concerned selection committee and also departmental proceedings against the Government servant

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concerned.

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A counter affidavit has been filed by the District Superintendent of Education at Chapra on 22.9.2010. Disputing the contentions in the writ petition it is reiterated that there had been illegality/irregularity in counselling and appointment of Panchayat Teachers and in pursuance of which the impugned orders have been passed after an enquiry and finding arrived at. If the petitioners had any grievance they can move the District Teachers (Appointment) Authority in the concerned District.

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The controversy is cut short by an order of this Court dated 7.11.2009 in C.W.J.C. No. 11705 of 2009

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placed on behalf of the petitioners. The writ application was preferred by those who had been appointed as Panchayat Teachers assailing the aforesaid orders dated 17.7.2009 and 18.7.2009. Both those orders have already been held to be contrary to law by a Bench of this Court and quashed. Those whose services as Panchayat Teachers had been terminated were directed to be reinstated. By virtue of the order in C.W.J.C. No. 11705 of 2009, the writ petition has become infructuous in so far as Annexures 1 and 2 are concerned i.e. the orders dated 17.7.2009 and 18.7.2009. The order dated 6.8.2009 being consequential in nature, automatically collapses.

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The Court could have simply left matters at this stage. But it is pained of the manner in which the respondents have conducted themselves. The State does not stand as an ordinary litigant who may highlight features of a case in its favour and play down matters to its prejudice without being accused of suppression. The solemn duty of the State as an impersonal body is to place full and correct facts before Court to assist it in the dispensation of justice. The State acts through its officers. The accountability rests with the officers. Dereliction of duties on part of the officials cannot put the blame squarely at the door of the State which acts but through its officers. If the impugned order has been quashed by this

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Court as far back as on 7.11.2009, directing reinstatement of the Panchayat Teachers, the matter was squarely within the knowledge of the District Magistrate and the District Superintendent of Education, Chapra. It was their solemn duty to file a further affidavit in this application of the developments that may have taken place to assist the Court properly.

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It is expected that those acting on behalf of the State in whom the State vests its powers and trust shall act more responsibly.

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The writ application stands allowed. No further formal orders are required in view of the pronouncement already made in context of the impugned order in C.W.J.C. No. 11705 of 2009.

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Let a copy of this order be sent to the Chief Secretary, State of Bihar to include the present case as a compulsory case study in framing of the State litigation policy.

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P. Kumar

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( Navin Sinha, J.)

Taramuni Devi and Ors. v. the State of Bihar and Ors.

Case brief

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Taramuni Devi and Ors. v. the State of Bihar and Ors.

Case brief

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