Disposed

Kumud Kumari v. The State Of Bihar and Ors.

Patna HC28 Apr 2014CWJC/25758/2013

Case brief

AI extract

What is this about?

The Court directed the State Government via the Principal Secretary of Education to decide within three months whether the District Transfer Committee exceeded its jurisdiction or if the appellate order was illegal. The court mandated fixing of responsibility and initiated departmental proceedings if misconduct was found. Either the Committee faced action or the appellate order would be recalled.

What did the court decide?

Writ application disposed with direction to State Government to decide within 3 months and initiate departmental proceedings or recall the impugned appellate order.

Kumud Kumari Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25758 of 2013

¶2

====================================================== Kumud Kumari, W/O Chandeshwar Prasad Sahi, resident of village Salempur, P.O.Salempur, P.S. Sidhwalia, District Gopalganj. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Director, Primary Education, Bihar, Patna. 3. The Regional Deputy Director of Education, Tiruhat Division. 4. The District Education Officer, East Champaran, Motihari. 5. The District Programme Officer (Establishment), East Champaran, Motihari. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dipak Kumar, Advocate. For the Respondent/s : Mr. Devendra Kr Sinha, Sr. Adv. AAG II. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

¶3

3 28-04-2014 Heard learned counsel for the parties as with regard to

¶4

the following relief(s):

¶5

"1.(i) Issuance of an order, direction or writ in the nature of Certiorari for quashing memo No. 4631 dated 16.09.2013 whereby the order of respondent no.-3 has been declared to be invalid and the petitioner has been decided to join in Government Middle School, Madanpur.

¶6

(ii) Issuance of an order, direction or writ in the nature of Mandamus commanding the respondents to allow the petitioner to continue in Government Middle School, Siswan."

¶7

It has to be kept in mind that when this Court had

¶8

heard the learned counsel for the parties on 07.04.2014, it had

¶9

passed an order relevant portion whereof reads as follows:

¶10

" Having regard to the import of the impugned order dated 16.09.2013, as contained in Annexure-4, this Court would direct all the members of the District Transfer Committee of the Education Department of district of East Champaran to file a show cause as to why a departmental proceeding against them for a major punishment be not drawn for acting exactly contrary to the spirit of the appellate order dated 12.08.2013 passed by the Regional Deputy Director of Education, Muzaffarpur in exercise of his appellate power

¶11

Patna High Court CWJC No.25758 of 2013 (3) dt.28-04-2014

¶12

2/4

¶13

under Bihar Nationalised Primary School Teacher Promotion Rules, 2011 against any decision relating to promotion on the post of B.A. Trained Teacher/Headmaster. This Transfer Committee, consisting of District Education Officer, District Programme Officer (Establishment) and all the Block Education Officers, having been given no power to override the appellate authority, the show cause reply should be filed by the District Education Officer, who is the Chairman of the Transfer Committee, as to why this Court should also not hold him guilty for making a commotion and pandemonium in the existing state of affairs relating to functioning of the cadre of the teachers in primary schools.

¶14

Put up this case on 28th April 2014 at the top of the list under the heading 'Admission-I' at 10:30 A.M., when all the members of the District Transfer Committee, East Champaran, who were party to the aforementioned decision, as contained in the impugned order, shall personally remain present.

¶15

Pending final disposal of the writ application, the operation of the impugned order dated 16.09.2013, as contained in Annexure-4 of the writ application, shall remain stayed."

¶16

Pursuant to the aforesaid order of this Court dated

¶17

07.04.2014, the Members of the District Transfer Committee, East Champaran have appeared in person. The decision of the District Transfer Committee, namely, the District Education Officer, East Chaparan has also filed his show cause wherein he has explained that the order passed by the Regional Deputy Director of Education on 12.08.2013 having been found to be contrary to the Government rules and instructions, not only the concerned Regional Deputy Director of Education has been transferred by the State Government but he has also been subjected to departmental proceeding. He has also highlighted the aspect that in a subsequent communication to the successor Regional Deputy Director of Education, he has sought the review of the decision taken by the

¶18

Patna High Court CWJC No.25758 of 2013 (3) dt.28-04-2014

¶19

3/4

¶20

earlier Regional Deputy Director of Education on 12.08.2013, but latter on due to pendency of this writ application, he has stayed his hands.

¶21

Considering the peculiar facts and circumstances of the case where the Chairman and the Members of the District Teachers Promotion Committee, a statutory committee in terms of promotion Rules is at loggers head against the Appellate Authority under the same Rules and the aspect that the appellate order dated 12.08.2013 is itself in controversy, this Court would direct the State Government through Principal Secretary of the Education Department to decide as to whether the order passed by the Regional Deputy Director of Education was justified. The Principal Secretary of the Department shall be under obligation to place the whole matter before the State Government and pass a reasoned order with the approval of the State Government and would also fix responsibility on the concerned erring officials. If it is found that the Chairman and the Members of District Teachers Promotion Committee had exceeded its jurisdiction in flouting the appellate order of the Regional Deputy Director of Education dated 12.08.2013, it would be open for him to initiate a departmental proceeding against them, but on the other hand if he finds that the Members of the District Teachers Promotion

¶22

Patna High Court CWJC No.25758 of 2013 (3) dt.28-04-2014

¶23

4/4

¶24

Committee had taken the decision in a bona fide manner and actually it was the Regional Deputy Director of Education who had passed an illegal appellate order on 12.08.2013, the State Government would at least pass an order for recalling the order dated 12.08.2013 without making any further adverse comments against the Regional Deputy Director of Education who is said to be already facing the departmental proceeding for the said charge.

¶25

This exercise by the State Government through Principal Secretary of the Education Department must be completed within a period of three months from the date of receipt of a copy of this order.

¶26

With the aforementioned observation and direction, this writ application is disposed of.

¶27

The personal appearance of Binodanand Jha, District Education Officer, Motihari, Shyam Narayan, District Programme Officer, Motihari and Bhushan Kumar, District Programme Officer (Establishment) Motihari is dispensed with.

¶28

(Mihir Kumar Jha, J)

¶29

Sujit/-

Kumud Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Kumud Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sunil Kumar Mandal Vs The State Of Bihar and Ors.

Gopi Chandra Thakur Vs The State Of Bihar and Ors.

Sitaram Yadav Vs The State Of Bihar and Ors.

Ram Lochan Singh and Ors. Vs The State Of Bihar and Ors.

Dr. Nitendra Prasad Sinha Vs The State Of Bihar and Ors.

Reena Kumari Vs The State Of Bihar and Ors.