Remanded

Baby Mishra v. the State of Bihar and Ors.

Patna HC13 Feb 2013CWJC/10705/2011

Case brief

AI extract

What is this about?

The High Court, addressing a writ petition regarding the applicant's appointment as a Panchayat Teacher, observed that the Appellate Tribunal found another candidate's appointment invalid due to lack of an opportunity of hearing. The court remitted the matter to the Tribunal to decide the issue after a proper hearing of both parties.

What did the court decide?

The matter was remitted to the Appellate Tribunal to be decided after giving both parties an opportunity of hearing; status quo maintained.

Baby Mishra Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.10705 of 2011

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Baby Mishra W/O Sri Prabhakar Mishra R/O Vill.- Aghaila Mishra, P.O.Bajudih Mahuwan, P.S.- Vijaypur, Distt.- Gopalganj .... .... Petitioner/s Versus 1. The State Of Bihar through D.M. Gopalganj 2. The District Education Officer Gopalganj 3. The District Teacher Employment Authority Through Its Member Gopalganj 4. The Block Education Extension Officer Vijaypur, P.O.+P.S.- Vijaypur, Distt.- Gopalganj 5. The Mukhiya Gram Panchayat Raj Belwan, P.O.-Sahdegree, P.S.Vijaypur, Distt.- Gopalganj 6. The Panchayat Secretary Gram Panchayat Raj Belwan, P.O.- Sahdegree, P.S.- Vijaypur, Distt.- Gopalganj 7. Smt. Nutan Pandey W/O Sri Sanjay Pandey R/O Vill.- Pagra, P.O.Sahdegree, P.S.- Vijaypur, Distt.- Gopalganj

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bipin Bihari Singh For the Respondent/s : Mr. S.A. Alam Sc3 For the Respondent No.7: Mr. V. Narayan, Sr. Advocate. Mr. Manoj Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH

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ORAL ORDER

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3 13-02-2013 Heard Learned counsel for the petitioner as well as Private respondents. The petitioner was appointed as Panchayat Teacher, Gram Panchayat, Raj Belwan, Anchal- Vijaypur, District- Gopalganj.

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The private respondent no 7 namely, Smt Nutan Pandey filed a complaint before the Appellate Tribunal giving rise

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Patna High Court CWJC No.10705 of 2011 (3) dt.13-02-2013

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to Complaint Case No. 287 of 2011. The Tribunal found that respondent no.7 has secured more marks than the petitioner. The Appellate Tribunal has found her appointment bad without affording an opportunity of hearing.

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In the circumstances, the matter is remitted to the Tribunal to decide the issue after hearing both the parties. The petitioner should appear before the Tribunal and file her representation/application.

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The Tribunal would dispose of the matter after giving an opportunity of hearing to respondent no.7 preferably within three months from the date of receipt/production of a copy of the order.

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In the meantime status quo would be maintained as of

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today.

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(Samarendra Pratap Singh, J)

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Sudha/-

Baby Mishra v. the State of Bihar and Ors.

Case brief

What is this about?

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Baby Mishra v. the State of Bihar and Ors.

Case brief

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