Disposed

Vikash Chandra Dev and Ors. v. The State Of Bihar and Ors.

Patna HC23 Jul 2014MJC/4401/2012

Case brief

AI extract

What is this about?

This Single Judge Bench directed the Appellate Authority for Panchayat Teachers in Bihar to register the petitioners' representation as a case, issue notices, hear both sides in compliance with natural justice, and pass a speaking order within three months.

What did the court decide?

Directed the Appellate Authority to register the petitioners' representation as a case, issue notices, conduct a hearing, and pass a final speaking order within three months.

Vikash Chandra Dev and Ors. Vs The State Of Bihar and… — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4401 of 2012

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Vikash Chandra Dev S/O Sri Banmali Dev R/O Village Lalganj Kisan Tola, P.S. K. Hat, District Purnea. 2. Beuty D/O Sri Hari Narayan Sharma R/O Village Teja Tola, Mirchaibari, P.S. & District Katihar. 3. Rakesh Kumar Singh S/O Sri Mahesh Prasad Singh R/O Village Naugai, P.S. Fullidumar, District Banka.

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Md. Nasim Akhtar S/O Md. Ibrahim R/O Village Bijaili, P.S. Dandkhora, District Katihar. 5. Mithu Kumar Rajak S/O Shankar Rajak R/O Village Bara Raghunathpur, P.S. Amdabad, District Katihar.

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Mahmuda Khatun D/O Waigdur Rahman R/O Village Sabdar Tola, P.S. Amdabad, District Katihar.

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Santwana Kumari D/O Sri Surendra Narayan Mandal R/O Village Khatti Rasoraj Tola, P.S. Amdabad, District Katihar.

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Reema Rijwana Parvin @ Reema @ Rizwana Parveen W/O Md. Aftab Alam R/O Village Paharpur, P.S. Amdabad, District Katihar.

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.... .... Petitioner/s Versus

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The State Of Bihar Through Sri Amarjeet Sinha S/O Not Known Secretary, Department Of Primary Education, Bihar, Patna.

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Sri Ashutosh S/O Not Known The Director, Primary Education, Bihar, Patna.

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Sri Birendra Prasad Yadav S/O Not Known The District Magistrate, Katihar.

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Sri Sriniwas Chandra Tiwari S/O Not Known District Education Officer, Katihar.

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Sri Sheo Narayan Mandal S/O Not Known District Programme Officer, Katihar. 6. Smt. Kama Kumari W/O Not Known The Block Development Officer, Amdabad, Katihar.

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Sri Deep Narayan Ram S/O Not Known The Block Education Extension Officer, Amdabad, Katihar.

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Smt. Manisha Kumari W/O Not Known The Headmaster, Primary School, Banku Tola, Bhawanipur Khatti, Amdabad, Katihar.

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Sri Madan Mandal S/O Not Known The Headmaster, New Primary School, Raj Mahal Colony, Bhawanipur Khatti, Amdabad, Katihar. 10. Mr. Mazharul Haque, The Mukhiya, Gram Panchayat Raj, Bhawanipur Khatti, Amdabad, Katihar.

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Sri Kailash Das, The Panchayat Sachiva, Bhawanipur Khatti, Amdabad, Katihar.

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.... .... Opposite Parties ====================================================== Appearance :

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For the Petitioner/s : Mr. Rajendra Prasad Sah For the Opposite Parties : Mr. Prasoon Sinha Ga2

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====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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Patna High Court MJC No.4401 of 2012 (4) dt.23-07-2014

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Writ application of the petitioners was disposed of by order dated 2.3.2012 directing the District Magistrate to consider their representation in respect of payment of salary and pass appropriate orders within two months. Petitioners thereafter filed a fresh representation before the District Magistrate. However, the District Education Officer submitted a report to the District Magistrate on 19.9.2012 recommending that since the matter related to engagement of Panchayat Teachers, it may be referred to the Appellate Authority. Accordingly, matter was referred to the Appellate Authority. But from the letter of the Appellate Authority dated 31.1.2013, as contained in Annexure-3 with the supplementary affidavit of the petitioners, it appears that the Appellate Authority referred the matter back to the District Magistrate on the ground that direction of this Court was to him and not to the Appellate Authority.

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4 23-07-2014

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Appellate Authority is the Authority constituted under the Rules to entertain the grievances of Panchayat Teachers in respect of their employment etc. It is a statutory authority exercising quasi judicial powers. Hence, any matter referred to it should be registered as a case and should be heard and decided. Though the orders of this Court was to the District Magistrate, but once the District Magistrate had referred the

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Patna High Court MJC No.4401 of 2012 (4) dt.23-07-2014

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matter to the Appellate Authority, the Authority ought to have registered the case, ought to have issued notices to the concerned parties giving them opportunity of hearing, ought to have called for the records and ought to have decided the matter by a speaking order.

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In the circumstances, this Court directs the Appellate Authority to take cognizance of the representation of the petitioners, register it as a case and proceed to pass final orders on the same as a quasi judicial authority, after compliance of Principles of Natural Justice. For this purpose, petitioners shall file a fresh copy of the representation before the Appellate Authority along with a copy of this order. The Appellate Authority shall take final decision in the matter within three months from the date of filing of fresh representation by the petitioner.

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This writ application is accordingly disposed of.

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(Jayanandan Singh, J)

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Pradeep/-

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Vikash Chandra Dev and Ors. v. The State Of Bihar and Ors.

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Vikash Chandra Dev and Ors. v. The State Of Bihar and Ors.

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