Disposed

Asha Kumari v. The State of Bihar

Patna HC23 Nov 2023CWJC/2382/2023

Case brief

AI extract

What is this about?

In a writ petition challenging dismissal from the post of Panchayat Teacher, the Court held that the petitioner failed to exhaust remedies by not approaching the District Teachers Appellate Authority. The application was dismissed with liberty to file an appeal within 30 days.

What did the court decide?

Disposed of; liberty granted to approach District Appellate Authority within 30 days to file an appeal with condonation of delay.

Asha Kumari Vs The State of Bihar — Service and Employment | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2382 of 2023

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Asha Kumari D/o Ashok Kumar Singh, W/o Mithilesh Kumar, R/o VillageSikoriya, P.O.- Tandwa, P.S.- Tandwa, District- Aurangabad, (Bihar), Present R/o Village- Vishunpur, Block- Kutumba, P.S.- Kutumba, District- Aurangabad, (Bihar).

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... ... Petitioner/s

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Versus

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The State of Bihar through The Principal Secretary, Education Department, Government of Bihar, Patna.

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The District Magistrate, Aurangabad.

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The District (Establishment) Programme Officer, Aurangabad.

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The District Education Officer, Aurangabad.

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The Block Education Officer, Aurangabad.

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The Secretary, Gram Panchayat Kutumba, Aurangabad.

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The Panchayat Secretary-cum- Member, Teachers Planning Unit, Gram Panchayat Kutumba, Aurangabad.

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The Mukhiya, Gram Panchayat Kutumba, Aurangabad.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Ms. Nivedita Nirvikar, Sr. Adv. Mr.Arya Achint For the Respondent/s : Mr.Smt. Binita Singh ( Sc 28 ) ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 23-11-2023

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Ms. Nivedita Nirvikar, learned senior counsel for

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the petitioner at the outset submits that on the recommendation of the respondent no. 7 & 8 i.e. Panchayat Secretary-cum-Member, Teachers Planning Unit, Gram Panchayat Kutumba, Aurangabad and Mukhiya, Gram Panchayat Kutumba, Aurangabad the petitioner has been dismissed from the post of Panchayat Teacher.

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Learned counsel for the State submits that the peti-

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Patna High Court CWJC No.2382 of 2023(2) dt.23-11-2023 2/2

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tioner has approached this Court against the order of dismissal directly without availing the remedy of appeal before the District Teachers Appellate Authority which is functional at Aurangabad.

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In view of the above submissions, the present writ application is disposed of granting liberty to the petitioner to approach the District Appellate Authority, Aurangabad (Bihar) for redressal of her grievance by way of filing appeal and if any such appeal is filed by the petitioner within a period of thirty days from today along with the condonation of delay petition, the same shall be considered in accordance with law.

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It is expected that the learned District Appellate Authority, Aurangabad (Bihar) will dispose the appeal as expeditiously as possible.

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(Anil Kumar Sinha, J)

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praful/-

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Asha Kumari v. The State of Bihar

Case brief

What is this about?

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Asha Kumari v. The State of Bihar

Case brief

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