Disposed

Mamta Kumari v. The State Of Bihar and Ors.

Patna HC6 Nov 2017CWJC/5371/2014

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition challenging the cancellation of a petitioner's appointment as a Panchayat Teacher. The court held that the appropriate remedy lay with the State Appellate Authority and directed the petitioner to file an appeal within 30 days.

What did the court decide?

Petitioner directed to file appeal before State Appellate Authority within 30 days.

Mamta Kumari Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5371 of 2014

¶2

======================================================

¶3

Mamta Kumari D/O Sri Thakur Prasad Singh, W/O Birtendra Singh Resident Of Village - Fakarabad, P.O. Sikanderpur, Panchayat Isiyan Block, P.S. Chainpur, District - Kaimur At Bhabhua

¶4

.... .... Petitioner

¶5

Versus

¶6

The State Of Bihar

¶7

The Principal Secretary, Education Department, Govt. Of Bihar, Patna

¶8

The Member District Teacher Employment Appellate Tribunal, Kaimur At Bhabhua

¶9

The District Education Officer, Kaimur At Bhabua

¶10

The District Programme Officer ( Establishment ), Kaimur At Bhabua

¶11

The Block Education Extension Officer, Chainpur, Distt. - Kaimur At Bhabhua

¶12

The Panchayat Secretary, Gram Panchayat Isiyan, Block - Chainpur, District - Kaimur At Bhabua

¶13

The Mukhiya, Gram Panchayat - Isiyan, Block - Chainpur, District - Kaimur At Bhabhua

¶14

The Vidyawati Patel D/O Jagat Narayan Singh Resident Of Village - Ekhlaspur, P.O. Akhlaspur, P.S. Bhabhua, District - Kaimur

¶15

.... .... Respondents

¶16

====================================================== Appearance :

¶17

For the Petitioner/s : Mr. Rajeev Kumar Singh For the Respondent No.9: Mr. Kumar Sunil, Advocate. For the State : Mr. Syed Iqbal Ahmad, SC-20

¶18

======================================================

¶19

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

¶20

4 06-11-2017 The petitioner, in the present writ application has sought for direction upon the respondents for quashing the order dated 19.02.2014, passed by the District Teachers Employment Appellate Authority, Kaimur, in Appeal no. 08 of 2013, by which the appointment of the petitioner as Panchayat Teacher has been cancelled with direction to appoint the respondent no.9 in place of the petitioner.

¶21

It has been submitted on behalf of the petitioner that the

¶22

Patna High Court CWJC No.5371 of 2014 (4) dt.06-11-2017

¶23

2/2

¶24

petitioner was appointed as a Panchayat Teacher, in the year 2007. The private respondent filed a complaint before the District Appellate Authority, in the year 2011, which was beyond the statutory period. Hence the complaint, which was barred by limitation, ought not to have been entertained by the appellate authority but the District Appellate Authority, considering the complaint made by the private respondent, has directed for termination of the services of the petitioner. Hence, the order under challenge is of the District Appellate Authority, in the present writ application.

¶25

The appropriate remedy of the petitioner is before the State Appellate Authority. The petitioner is directed to file an appeal before the State Appellate Authority, within a period of 30 days, which shall be disposed of by the State Appellate Authority, in accordance with law, within the statutory period.

¶26

With the aforesaid observation and direction, the present writ application stands disposed of.

¶27

(Sudhir Singh, J)

¶28

Amit/-

¶29

Mamta Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Mamta 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

Smt.Ram Kumari and Ors. Vs State of Bihar and Ors.

Abdul Halim Vs the State of Bihar and Ors.

Pramila Kumari Vs the State of Bihar and Ors.

Ramashish Yadav Vs The State Of Bihar and Ors.

Amrendra Kumar Vs the State of Bihar and Ors.

Dileep Kumar Ranjan Vs The State Of Bihar and Ors.