Jay Kishor Kumar Nirala Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Jay Kishor Kumar Nirala Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Matter remanded to the learned Single Judge, following the Division Bench judgment in L.P.A. No. 255 of 2022 (Dhananjay Singh) dated 18.1.2023, without any observations on merits.

Issue for consideration

Whether the decisions of this Court relied upon by the learned Single Judge (C.W.J.C. No. 5489 of 2020, Suresh Ram, dated 23.02.2022; C.W.J.C. No. 34 of 2022, Minakshi, dated 07.03.2022) apply to the appellant, a teacher recruited by the B.P.S.C. and later terminated, given the Division Bench finding of no identity of facts between those decisions and the present case. +1 more

Ratio / Principle

This Court respectfully follows the Division Bench judgment in L.P.A. No. 255 of 2022 (arising out of C.W.J.C. No. 5489 of 2020) (Dhananjay Singh & Ors. v. The State of Bihar & Ors.) and others dated 18.1.2023 and remands the matter to the learned Single Judge without any observations on merits.

Detailed headnote1 paragraphs

Letters Patent Appeal No.223 of 2022 (in C.W.J.C. No.13335 of 2021), Patna High Court, decided 03-10-2024 (K. Vinod Chandran, CJ; judgment per the Chief Justice): The appellant, a teacher recruited by the Bihar Public Service Commission and subsequently terminated, had obtained from the learned Single Judge a direction to approach the appellate authority, founded on two decisions of the Court dated 23.02.2022 (C.W.J.C. No. 5489 of 2020, Suresh Ram) and dated 07.03.2022 (C.W.J.C. No. 34 of 2022, Minakshi). A Division Bench batch led by L.P.A. No. 255 of 2022 (Dhananjay Singh & Ors. v. The State of Bihar & Ors.), dated 18.1.2023, had found no identity of facts: the cited decisions concerned Panchayat Teachers appointed by the respective Panchayats under a separate set of Rules affording an appellate remedy, whereas for BPSC-recruited teachers the appellate authority has no power conferred on it to examine dismissal orders, and such writ petitions were sent back to the learned Single Judge. Respectfully following that Division Bench judgment, this Court remands the matter to the learned Single Judge without any observations on merits.

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.223 of 2022 In

Civil Writ Jurisdiction Case No.13335 of 2021

======================================================

Jay Kishor Kumar Nirala Son of Sri Ramjee Sharma, Resident of Rikabganj Tekari, Gaya, P.S.- Tekari, Sub- Division- Tekari, District- Gaya.

... ... Appellant/s

Versus

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

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

The Director, Primary Education, Education Department, Government of Bihar, Patna.

The District Magistrate, Gaya.

The Block Education Officer, Tekari, Gaya.

The District Programme Officer, (Primary Education and Sarva Siksha Abhiyan), Gaya.

The District Education Officer, Gaya.

The Headmaster Middle School, Sahbajpur Tekari, District- Gaya.

The Bihar Education Project, Gaya.

... ... Respondent/s

======================================================

Appearance : For the Appellant/s : Mr. Sanjeet Kumar, Advocate For the Respondent/s : Mr. Rohitabh Das, AC to AAG13 ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 03-10-2024

The writ petition is by a teacher who was

recruited by the Bihar Public Service Commission but terminated from service. The termination was challenged before the learned Single Judge. The learned Single Judge relied on two decisions of this Court dated 23.02.2022 passed in

Patna High Court L.P.A No.223 of 2022 dt.03-10-2024 2/3

C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors) and dated 07.03.2022 passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.) and directed that the appellate authority be approached.

Later similar orders passed in the cases of teachers who were recruited by the B.P.S.C. and later terminated from service were challenged before the Division Bench. The Division Bench in a batch of Letters Patent Appeals numbered as L.P.A. No. 255 of 2022 (arising out of C.W.J.C. No. 5489 of 2020) (Dhananjay Singh & Ors. v. The State of Bihar & Ors.) and other analogous appeals found that there is no identity of facts in the cited decisions and the petitioner’s case. The persons in the cited decisions were Panchayat Teachers appointed by the respective Panchayats for whom a separate set of Rules were applicable, in which there was a remedy before the appellate authority. Insofar as the present petitionerappellant is concerned, who was similar to those in the batch of Letters Patent Appeals, there is no power conferred on the appellate authority to examine the dismissal orders. In such circumstances, the writ petitions were sent back to the learned Single Judge by the Division Bench.

Patna High Court L.P.A No.223 of 2022 dt.03-10-2024 3/3

We respectfully follow the aforesaid Division Bench judgment in L.P.A. No. 255 of 2022 (arising out of C.W.J.C. No. 5489 of 2020) and others dated 18.1.2023 and remand the matter to the learned Single Judge without any observations on merits.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J)

Harsh/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	04.10.2024
Transmission Date