This petition was dismissed for lack of locus standi. The petitioner, serving as Panchayat Secretary, was held not to have any grievance or locus to challenge the State Appellate Authority's order which restored a Panchayat Teacher's appointment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23344 of 2019
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Dilip Kumar Gupta Son of Late Manilal Resident of Village- Mohamdabad, Mirjan Hat, P.S.- Mujahidpur, District- Bhagalpur, Presently Posted as the Panchayat Secretary, Gram Panchayat Khai, Block Shahkund, DistrictBhagalpur.
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Md. Najmul Hodda For the Respondent/s : Mr. Madanjeet Kumar ( GP20 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
Patna High Court CWJC No.23344 of 2019(2) dt.26-11-2019 2/3
2 26-11-2019 Heard the learned counsel for the petitioner and
the State.
The impugned order has been passed by the State
Appellate Authority in which one Sarita Kumari, one of the persons who was appointed as a Panchayat Teacher, was the appellant.
From the impugned order, it appears that the appointment of Sarita Kumari was challenged by Bibi Shabnam and others and the District Appellate Authority set aside the appointment of Sarita Kumari. The order of the District Appellate Authority was challenged before the State Appellate Authority, wherein the claim of the aforesaid Sarita Kumari was found to be justified and her appeal was allowed. The order passed by the District Appellate Authority, Bhagalpur was set aside and it was directed that Sarita Kumari be re-employed on the post on which she had been working prior to the order having been passed by the District Appellate Authority, Bhagalpur.
It appears that the then Panchayat Secretary, Gram Panchayat Khaira, who along with the concerned
Patna High Court CWJC No.23344 of 2019(2) dt.26-11-2019 3/3
Mukhiya had issued notice to Sarita Kumari, who has been impleaded as Respondent No. 14 in this application, has challenged the order of the State Appellate Authority.
This Court fails to understand as to how the petitioner would have any locus to prefer a petition against the order passed by the State Appellate Authority when he is not aggrieved by the aforesaid order. The lis / dispute is between the Teachers, and the petitioner in his capacity as Panchayat Secretary cannot possibly be permitted to challenge the order passed by the State Appellate Authority.
The petitioner does not have any locus for preferring the present petition.
The petition is accordingly dismissed.
(Ashutosh Kumar, J)
skm/-
U
2 issues framed by the court
Whether a Panchayat Secretary has locus standi to challenge an order of the State Appellate Authority regarding the appointment of a Panchayat Teacher.
Whether the petitioner is an aggrieved person capable of filing a writ petition against the impugned order.
Dilip Kumar Gupta
Rajda
Jai Shankar Prasad
Sarita Kumari
State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
