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Bishwanath Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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Patna HC
2024
Bishwanath Singh Vs The State of BiharBishwanath Singh v. The State of Bihar

Dismissed¶31

Bishwanath Singh v. The State of Bihar

Patna HC4 Jan 2024CWJC/13523/2019

Case brief

AI extract

What is this about?

CWJC No. 13523 of 2019 | Patna High Court | Anil Kumar Sinha, J | oral order dt. 04-01-2024 | petitioner Bishwanath Singh (no counsel appeared) | sought quashing of District Teachers Employment Appellate Tribunal, Aurangabad order dt. 15.07.2015 (Case no. 47 of 2013) dismissing his appeal | dismissed for approaching Court directly instead of State Appellate Authority, with liberty to appeal there | respondents: State of Bihar (HRD), Secretary/Director Primary Education, DM/DEO/DPO/BDO/BEO Aurangabad, Mukhiya and Panchayat Secretary Gram Panchayat Sargawan, private respondents 11-14 (Sushma Kumari, Krishna Murari, Sanjeev Kumar Singh, Sangeeta Kumari) | counsel: Madhaw Prasad Yadav GP-23, Arvind Kumar AC to GP-23, Niraj Kumar (private resp. 11-14) | no statutes cited | no cases cited | alternative remedy / bypassing appellate forum theme.

What did the court decide?

Liberty to the petitioner to approach the State Appellate Authority to challenge the Tribunal's order dated 15.07.2015.

Why is it important?

The Court deemed it fit and appropriate to dismiss the present writ application because the petitioner had approached the High Court directly instead of challenging the impugned order before the State Appellate Authority. ¶30

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach the State Appellate Authority to challenge the Tribunal's order dated 15.07.2015.

Issue for consideration

Whether the Court should dismiss the petitioner's direct writ challenge to the Tribunal's dismissal order, given that the petitioner bypassed the available State Appellate Authority route.

Court's answer

The Court deemed it fit and appropriate to dismiss the present writ application because the petitioner had approached the High Court directly instead of challenging the impugned order before the State Appellate Authority.

Ratio / Principle

The dismissal carries express liberty to the petitioner to approach the State Appellate Authority against the impugned order.

Detailed headnote1 paragraphs

Writ application (CWJC No.13523 of 2019, Patna High Court; oral order of Anil Kumar Sinha, J, dated 04-01-2024) by Bishwanath Singh seeking quashing of the order dated 15.07.2015 of the District Teachers Employment Appellate Tribunal, Aurangabad (Case no. 47 of 2013) dismissing his appeal. Counsel for the State pointed out that the petitioner had skipped the available appellate tier - the State Appellate Authority - and had come straight to the High Court. Finding the direct approach improper where an appellate forum remained open, the Court dismissed the writ application, expressly granting liberty to the petitioner to challenge the Tribunal's order before the State Appellate Authority. No statute was cited and no precedent was invoked; no one appeared for the petitioner.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13523 of 2019

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

Bishwanath Singh Son of Deo Raj Singh Resident of Village- Gamrhi, P.S. Fesher, District- Aurangabad, at present Tirhut Nagar, P.S.- Bermo, DistrictBokaro (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

Secretary, Primary Education, Education Department, Govt. of Bihar, Patna.

Director, Primary Education, Govt. of Bihar.

District Magistrate, Aurangabad.

District Education Officer, Aurangabad.

District Programme Officer, Establishment, Aurangabad.

Block Development Officer, Aurangabad.

Block Education Officer, Aurangabad.

Mukhiya Gram Panchayat, Sargawan, Deo, District Aurangabad.

Panchayat Secretary, Gram Panchayat, Sargawan, Deo, DistrictAurangabad.

Sushma Kumari Daughter of Shideshwar Singh resident of Village Kesor, Deo, District- Aurangabad.

Krishna Murari Son of Balgovind Sharma Resident of Village Purani Sahar, Barbigha, District Sheikhpura.

Sanjeev Kumar Singh Son of Gupta Singh Resident of Village/ Mohalla New Area Aurangabad, P.S. Aurangabad, District Aurangabad.

Sangeeta Kumari Wife of Shashi Bhushan Kumar Resident of Village Bhagwanbigha, P.S. Daudnagar, District- Aurangabad.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : NONE For the Respondent/s : Mr.Madhaw Prasad Yadav (GP 23) : Mr. Arvind Kumar, AC to GP 23 For Pvt.Resp.no. 11 to 14: Mr. Niraj Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

3 04-01-2024 1. No one appears for the petitioner, however learned

counsel for the State as well as private respondents no. 11 to 14 are present.

The petitioner has filed the present writ application

Patna High Court CWJC No.13523 of 2019(3) dt.04-01-2024 2/2

for quashing the order dated 15.07.2015, passed by the District Teachers Employment Appellate Tribunal, Aurangabad in Case no. 47 of 2013, whereby and whereunder the appeal filed by the petitioner has been dismissed.

Learned counsel for the State submits that instead of filing an appeal before the State Appellate Authority against the impugned order dated 15.07.2015, the petitioner has filed the present writ application, however the petitioner can challenge the impugned order before the State Appellate Authority.

Regards being had to the submissions made by learned counsel for the State and considering the fact that the petitioner, instead of challenging the impugned order before the State Appellate Authority, has approached this Court directly, I deem it fit and appropriate to dismiss the present writ application, however with liberty to the petitioner to approach the State Appellate Authority.

The writ petition stands disposed off on the aforesaid terms.

(Anil Kumar Sinha, J)

rinkee/- U

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Court should dismiss the petitioner's direct writ challenge to the Tribunal's dismissal order, given that the petitioner bypassed the available State Appellate Authority route.medium confidence¶30
The court held
The Court deemed it fit and appropriate to dismiss the present writ application because the petitioner had approached the High Court directly instead of challenging the impugned order before the State Appellate Authority.ratio¶30

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 15.07.2015 of the District Teachers Employment Appellate Tribunal, Aurangabad in Case no. 47 of 2013, whereby the appeal filed by the petitioner was dismissed; the petitioner sought its quashing via this writ application.¶28
District Teachers Employment Appellate Tribunal, Aurangabad · 15.07.2015
Prior proceeding
Petitioner's appeal before the District Teachers Employment Appellate Tribunal, Aurangabad (Case no. 47 of 2013) was dismissed by order dated 15.07.2015.¶28
Prior proceeding
State counsel observed that the petitioner, instead of appealing to the State Appellate Authority against the Tribunal's order, came directly to the High Court, and that he could still challenge the impugned order before the State Appellate Authority.¶29

Parties & counsel

AI extract

petitioner
Bishwanath Singh Son of Deo Raj Singh¶3
respondent
The State of Bihar through the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.¶5
Madhaw Prasad Yadav, Arvind Kumar
respondent
Secretary, Primary Education, Education Department, Govt. of Bihar, Patna.¶6
Madhaw Prasad Yadav, Arvind Kumar
respondent
Director, Primary Education, Govt. of Bihar.¶7
Madhaw Prasad Yadav, Arvind Kumar
respondent
District Magistrate, Aurangabad.¶8
Madhaw Prasad Yadav, Arvind Kumar
respondent
District Education Officer, Aurangabad.¶9
Madhaw Prasad Yadav, Arvind Kumar
respondent
District Programme Officer, Establishment, Aurangabad.¶10
Madhaw Prasad Yadav, Arvind Kumar
respondent
Block Development Officer, Aurangabad.¶11
Madhaw Prasad Yadav, Arvind Kumar
respondent
Block Education Officer, Aurangabad.¶12
Madhaw Prasad Yadav, Arvind Kumar
respondent
Mukhiya Gram Panchayat, Sargawan, Deo, District Aurangabad.¶13
Madhaw Prasad Yadav, Arvind Kumar
respondent
Panchayat Secretary, Gram Panchayat, Sargawan, Deo, District Aurangabad.¶14
Madhaw Prasad Yadav, Arvind Kumar
respondent
Sushma Kumari Daughter of Shideshwar Singh¶15
Niraj Kumar
respondent
Krishna Murari Son of Balgovind Sharma¶16
Niraj Kumar
respondent
Sanjeev Kumar Singh Son of Gupta Singh¶17
Niraj Kumar
respondent
Sangeeta Kumari Wife of Shashi Bhushan Kumar¶18
Niraj Kumar

Coram

AI extract

Honourable Mr. Justice Anil Kumar Sinhaauthor¶23

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 4 Jan 2024 · January
Registered: 4 Jul 2019
Case no.: CWJC/13523/2019
CNR: BRHC010618502019
Bench: Anil Kumar Sinha
Disposal: DISMISSED
Case type: Civil Writ Jurisdiction Case

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Cite this judgement

Bishwanath Singh v. The State of Bihar, CWJC/13523/2019 (PAT), decided on 4 January 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

Order dated 15.07.2015 of the District Teachers Employment Appellate Tribunal, Aurangabad in Case no. 47 of 2013, whereby the appeal filed by the petitioner was dismissed; the petitioner sought its quashing via this writ application.District Teachers Employment Appellate Tribunal, Aurangabad · 15.07.2015
Petitioner's appeal before the District Teachers Employment Appellate Tribunal, Aurangabad (Case no. 47 of 2013) was dismissed by order dated 15.07.2015.
State counsel observed that the petitioner, instead of appealing to the State Appellate Authority against the Tribunal's order, came directly to the High Court, and that he could still challenge the impugned order before the State Appellate Authority.

View full history

Bench / Coram

Honourable Mr. Justice Anil Kumar Sinha

Parties & counsel