Petitioner challenged appointment orders for Panchayat Teachers, alleging lack of notice for a scheduled counselling. The High Court held reports below showed proper notifications via board pastings, no newspaper publication requirement existed, and petitioner was expected to be vigilant given prior participation.
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.5512 of 2020
============================================== Chandra Bhushan Chaubey Son of Late Shiv Sagar Chaubey, Resident of
Village- Chargaha, Post Office- Laxmipur Policen Station- Chanpatia, District- West Champaran.
... ... Petitioner/s
Versus
Champaran.
Patna High Court CWJC No.5512 of 2020 dt.19-01-2022 2/7
Champaran, Presently residing at Mohalla- New Kamal Nath Nagar, Police Station- Bettiah Town, District- West Champaran.
... ... Respondent/s
============================================== Appearance :
For the Petitioner/s : Mr.Shiv Kumar Dwivedy For the Respondent/s : Mr. Mrigendra Kumar (Gp20) ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT
Date : 19-01-2022
counsel for the petitioner and Mr. Mrigendra Kumar, the learned counsel for the State.
Patna High Court CWJC No.5512 of 2020 dt.19-01-2022 3/7
did not have any notice of counselling which was held on 12.04.2012.
had participated in the counselling which was held on 28.02.2009. Thereafter another counselling was held on 15.02.2011 after proper notice and paper publication. However, when it was found that the proceeding had been conducted in the absence of the B.D.O., Manjhauliya, the outcome of such counselling process was never acted upon. It was thereafter that the counselling was fixed on 12.04.2012 by the order of the B.D.O., Manjhauliya.
Patna High Court CWJC No.5512 of 2020 dt.19-01-2022 4/7
the district of West Champaran, the counselling and verification of documents was first held on 28.02.2009. Later, a complaint was made before the District Teachers Employment Appellate Authority, West Champaran (hereinafter referred to as the District Authority) vide Case No. 436/2010 alleging irregularities in the process of counselling, which called for a report from the concerned Panchayat Secretary and the process of employment was stayed for a while. Subsequently, the District Authority passed a final order on 27.12.2010, directing the Panchayat Employment Unit, Barwa Semra Ghat to complete the process of employment in accordance with rules. The B.D.O., Majhauliya was also further directed to oversee the entire process of employment and ensure that the rules in that regard are properly adhered to.
Patna High Court CWJC No.5512 of 2020 dt.19-01-2022 5/7
from the records, a direction was issued by the B.D.O., Majhauliya to the concerned Panchayat Secretary to publish the notice of such counselling by pasting it on the notice board of Panchayat office & block offices. On such directions, necessary notices were pasted on the notice boards of the afore-mentioned offices.
Patna High Court CWJC No.5512 of 2020 dt.19-01-2022 6/7
Teachers before the District Authority, where his claim could not be sustained. This led him to prefer an appeal before the State Appellate Authority, which effort also was not successful.
Patna High Court CWJC No.5512 of 2020 dt.19-01-2022 7/7
the direction of the District Authority.
by the petitioner to dispute the contention of the respondent that the process was carried out in accordance with rules and under the supervision of B.D.O., Majhauliya.
(Ashutosh Kumar, J)
sunilkumar/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 22.01.22 |
| Transmission Date | N/A |
2 issues framed by the court
Whether the petitioner was deprived of the opportunity of appearance in the counselling process through non-issue of notice to him in absence of paper publication?
Whether the orders of the District Teachers Employment Appellate Authority and State Appellate Authority dismissing the petitioner's claim should be interfered with?
Chandra Bhushan Chaubey
State of Bihar through Secretary Education Department
Director Primary Education
Collector-Cum-District Magistrate West Champaran
Block Development Officer Anchal Block Majhaulia
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
