Smt. Prema Mishra v. The State Of Bihar and Ors.
Case brief
What is this about?
In a writ petition, the High Court quashed orders of dismissal against the petitioner. The Court held that after superannuation, the master-servant relationship ceases, depriving the employer of jurisdiction to inflict punishment. The impugned orders were issued years after the petitioner's superannuation and were quashed.
What did the court decide?
Annexures A and B inflicting dismissal punishment were quashed, and the matter directed to be treated as if these orders never existed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10698 of 2014
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Smt. Prema Mishra wife of Sri Satish Chandra Mishra resident of Sati Bhagirath Smiriti Bhawan, Naya Tola, Madhopur, P.S. - Bakhtiyarpur, District - Patna.
... ... Petitioner/s
- Versus
- The State of Bihar through the Secretary, Primary Education Department, Vikash Bhawan, Patna.
- The Director, Primary Education Department, Government of Bihar, New Secretariat, Patna.
- The District Education Officer, Buxar, District - Buxar.
- The District Superintendent of Education, Buxar, District - Buxar.
- The Deputy Development Commissioner, Buxar.
- The Area Education Officer, Buxar.
Issues for consideration
2 issues framed by the court
Whether the state has jurisdiction to inflict punishment of dismissal on a government servant after the cessation of the master-servant relationship due to superannuation.
Whether orders inflicting punishment passed after superannuation are sustainable in law.
Parties & counsel
- petitioner
Smt. Prema Mishra
- respondent
State of Bihar through the Secretary, Primary Education Department
- respondent
The Director, Primary Education Department, Government of Bihar
- respondent
The District Education Officer, Buxar
- respondent
The District Superintendent of Education, Buxar
Case details
As recorded by the court registry
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