The court dismissed the writ petition as not maintainable. The petitioner challenged a disciplinary order without exhausting the statutory remedy of appeal under the applicable service rules.
The writ petition was dismissed for not being maintainable due to failure to file an appeal under Rule 23 of the Rules before approaching this Court.
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.1177 of 2023
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Rajni Kumari D/o Late Prahlad Mishra, W/o Sri Vijay Kumar Singh R/o Village- Vasudeopur, Chaputa, P.O.- Rajauli, Hajipur, P.S.- Hajipur Sadar, District- Vaishali.
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Purushottam Kumar Jha, Advocate For the Respondent/s : Mrs. Binita Singh, SC-28
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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 10-02-2023
The order dated 03.09.2022, (Annexure-32) challenged in the present writ petition, has been passed by the Regional Deputy Director, Tirhut Division, Muzaffarpur exercising powers as a Disciplinary Authority under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as ‘the Rules’). The remedy of appeal against the said order is available under Rule 23 of the Rules before the Appellate Authority as mentioned in Rules 24 of the Rules. However, without filing an appeal before the
Patna High Court CWJC No.1177 of 2023 dt.10-02-2023 2/2
Appellate Authority, this writ petition has been filed directly before this Court.
Learned counsel for the petitioner submits that the enquiry report is vitiated as no evidence was recorded.
In view of their being a statutory remedy of appeal available to the petitioner of filing an appeal (supra), this writ petition is held to be not maintainable and the same is dismissed.
(Sanjeev Prakash Sharma, J)
Amrendra/Item No. 47
AFR/NAFR CAV DATE Uploading Date 13.02.2023 Transmission Date
1 issue framed by the court
Whether the writ petition is maintainable without first applying the statutory remedy of appeal under Rule 23 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.
2 provisions across 1 enactments
Rajni Kumari D/o Late Prahlad Mishra
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
The Disciplinary Authority-cum-the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur
The District Education Officer, Vaishali-cum-the Enquiry Officer
The District Programme Officer (Establishment), Vaishali-cum-the Presenting Officer
The District Education Officer, Muzaffarpur-cum-the Enquiry Officer
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
