Quashed

Ram Niwas Prasad Singh and Ors. v. The State Of Bihar and Ors.

Patna HC26 Jun 2012CWJC/10724/2012

Case brief

AI extract

What is this about?

The High Court held that the District Teachers Appointment Appellate Tribunal acted without jurisdiction by terminating petitioners' appointments suo motu. The tribunal lacked authority to initiate proceedings without an appeal. Consequently, the termination orders were set aside.

What did the court decide?

The impugned Tribunal order and consequential termination orders were set aside.

Ram Niwas Prasad Singh and Ors. Vs The State Of Bihar… — Service and Employment | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10724 of 2012

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====================================================== 1. Ram Niwas Prasad Singh S/O Late Bhuneshwar Singh R/O Village - Sondhi, P.O.- Sharma, P.S.- Ramgarh, Distt.- Lakhisarai 2. Kumkum Kumari D/O Rajendra Roy R/O - Village + P.O.- Rampur, P.S.Suryagarha, Distt.- Lakhisarai 3. Nootan Kumari W/O - Vikas Kumar R/O Village + P.O. Kumar , P.S. - Sikandara, District - Jamui

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Prem Lata Kumari W/O Lalan Kumar R/O Village - Katari Hill, P.S.Gaya, Distt.- Gaya 5. Doli Kumari W/O - Sarweshwar Mahto R/O Village - Manikpur Nopnagar, P.O.- Kawayadpur, District - Lakhisarai 6. Vinod Kumar S/O Katiman Rajak R/O - Naya Tola Purani Bazar Lakhisarai, P.S.- Lakhisarai, Distt.- Lakhisarai 7. Lakshmi Kumari W/O - Arun Kumar R/O Purani Bazar Jhajha, Distt.Jamui 8. Sita Rani Bhargava R/O Village + P.O.- Sadai Bigha, P.S.- Virupur, Distt.- Lakhisarai 9. Rubbi Kumari W/O - Shailesh Kumar Singh R/O Village - Sondhi, P.O.Sharma, P.S.- Ramgarh, Distt.- Lakhisarai 10. Manoj Kumar Roy S/O - Ram Charitra Roy R/O Village - Jagdishpur Bawa, P.S. - Suryagarha, Distt.- Lakhisarai

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.... .... Petitioner/s Versus 1. The State Of Bihar Through Secretary (Primary Education), Education Department, Govt. Of Bihar, Patna 2. The Secretary (Primary Education), Education Department, Govt. Of Bihar, Patna 3. The District Magistrate, Lakhisarai

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The District Programme Officer (Establishment), Lakhisarai

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The Block Education Officer, Ramgarh Chowk, Lakhisarai

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The Mukhia, Gram Panchayat Raj Sharma, P.S.- Ramgarh , District - Lakhisarai 7. The Panchayat Secretary, Gram Panchayat Raj Sharma P.S. Ramgarh, District - Lakhisarai 8. The District Teacher Employment Appellate Tribunal, Lakhisarai Through Its Secretary 9. Uma Shankar Kumar S/O - Ram Charitra Singh R/O Halsi, P.S. - Halsi, Distt.- Lakhisarai

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : M/s Naresh Dixit, Lalan Kumar For the Respondent/s : Mr. Manoj Kr. Ambasta Gp14 with M/s Subodh Kumar & Santosh Kumar Mishra A.C. top Gp 14

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====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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Patna High Court CWJC No.10724 of 2012 (2) dt.26-06-2012

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2 26-06-2012

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Heard learned Counsel for the petitioners and the State.

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The petitioners are aggrieved by the order of the District Teachers Appointment Appellate Tribunal, Lakhisarai dated 24.5.2012 in Appeal No. 57 of 2010-2011 directing termination of their appointment on grounds of alleged illegalities/irregularities in their appointment. In pursuance of the same orders for termination have been passed by the authorities on 11.6.2012. I.A. No. 4035 of 2012 has been filed challenging the same.

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Having considered the submissions made on behalf of the parties and that the order dated 11.6.2012 has been passed during pendency of the writ application and consequential to the impugned order of the Tribunal in order to shorten the litigation it is concerned proper to allow the same and the petitioners are permitted to challenge the order dated 11.6.2012 also.

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Learned Counsel for the petitioners submits that originally one Uma Shankar Kumar (Respondent no. 9) had filed an appeal challenging the selection process and appointment. Subsequently he submitted an application that he desired to withdraw the appeal. The Tribunal on its own came to the conclusion that his application was suspicious and he wanted to assist in concealment of the illegality and irregularity that may have taken place. Certain persons sought to intervene and support the appeal which was also not allowed. The Tribunal then assumed suo motu jurisdiction without any appellant pursuing the matter and has passed the impugned order. The Tribunal is a creation of statutory order dated 25.8.2008. Clause (2) of the order does not vest any jurisdiction in the Tribunal to act suo motu but only on appeal preferred by the aggrieved.

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Counsel for the State is unable to demonstrate from the impugned order opr the statutory notification that the appeal was being pursued by the aggrieved or that the Tribunal had suo motu jurisdiction in the statutory

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Patna High Court CWJC No.10724 of 2012 (2) dt.26-06-2012

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order.

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The impugned order of the Tribunal and the consequential order of the authorities terminating the services of the petitioner pursuant to the same is held to be without jurisdiction. Both the orders are accordingly set aside. Any claim for salary may be pursued by the petitioners before the respondents in accordance with law.

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This shall be without prejudice to the right of the respondents in accordance with law.

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The writ application stands disposed.

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(Navin Sinha, J)

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Snkumar/-

Ram Niwas Prasad Singh and Ors. v. The State Of Bihar and Ors.

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Ram Niwas Prasad Singh and Ors. v. The State Of Bihar and Ors.

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