Praveen Kumar v. The State of Bihar
Case brief
What is this about?
In a writ petition challenging a cancellation of appointment and direction for salary recovery, the High Court quashed the recovery portion and the cancellation ab initio. It held that while the appointment order was erroneous regarding vacancy timing, the appointment was not fraudulent nor can salary be recovered after the petitioner had worked.
What did the court decide?
The order directing recovery of salary and cancellation of appointment from the initial date is set aside; judgment extends only as of the date of this order.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9957 of 2022
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Praveen Kumar Son of Sri Vidya Bhushan Pandey, Resident of Mundipur, P.O. - Huleshra, P.S. - Bhagwanpur Hat, District - Siwan.
... ... Petitioner/s
Versus
- The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.
- The District Education Officer, Siwan.
- The District Programme Officer (Establishment), Siwan.
- The Block Education Officer, Bhagwanpur Hatt, P.O. and P.S. - Bhagwanpur Hatt, District - Siwan.
- The Panchayat Secretary, Gram Panchayat Raj, Shankarpur Block and P.S. - Bhagwanpur Hatt, District - Siwan.
- The Headmaster, New Primary School, Koirgawan, Tola- Mishrawalia, Block - Bhagwanpur Hatt, District - Siwan.
Issues for consideration
3 issues framed by the court
Whether the State Appellate Authority is correct in cancelling the petitioner's appointment from the initial date and directing recovery of salary.
Whether the vacancy caused by the resignation of a selected candidate can be treated as retrospectively available for a petitioner in the panel.
Whether the petitioner's appointment was made by fraud or forgery warranting salary recovery.
Parties & counsel
- petitioner
Praveen Kumar
- respondent
State of Bihar through the Director, Primary Education
- respondent
District Education Officer, Siwan
- respondent
District Programme Officer (Establishment), Siwan
- respondent
Block Education Officer, Bhagwanpur Hatt
Case details
As recorded by the court registry
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