Panchayat teacher whose termination was upheld by appellate authorities and confirmed in earlier writ petition, LPA and civil review filed a fresh writ petition seeking reinstatement. The High Court dismissed it as abuse of process, being a successive petition for the same relief.
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.7328 of 2019
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Rinku Kumari Wife of Sri Rajeev Kumar Rai R/o and P.O. Sarairanjan Dih, P.S. Sarairanjan District- Samastipur.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Mrityunjay Kumar For the Respondent/s : Mr.Ashutosh Ranjan Pandey ( Aag15 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
Patna High Court CWJC No.7328 of 2019(4) dt.05-01-2024 2/6
passed by the District Appellate Authority, Samastipur, in Appeal Case No. 38 of 2014, has been upheld.
Patna High Court CWJC No.7328 of 2019(4) dt.05-01-2024 3/6
unreserved category.
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challenging her termination and the District Appellate Authority, vide order, dated 18.08.2010 dismissed the appeal filed by the petitioner, holding that the appointment of the petitioner has been made contrary to the rules of appointment inasmuch as the members of the employment unit were not present. The Appellate Authority also noticed the admission of the Block Development Officer, Sarairanjan, that all the appointments were made at his level without informing the members of the employment unit. As per the 2006 Rules, only the Employment Unit is the competent authority to recommend/make appointments or cancel it and no other committee is empowered to do so with regard to the employment of the Panchayat Teachers.
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26.03.2012, passed in CWJC No. 5535 of 2012, preferred L.P.A. No. 768 of 2012, which, too, got dismissed by a Division Bench of this Court, by order, dated 29.08.2014. The petitioner, then, filed Civil Review No. 318 of 2014, for review of the order, dated 29.08.2014, passed in L.P.A. No. 768 of 2012, which was also dismissed by order, dated 30.01.2019.
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(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √
1 provisions across 1 enactments
Rinku Kumari
The State of Bihar through the Principal Secretary, Education Department
The Director, Primary Education, Education Department Government of Bihar
The Presiding Officer, District Appellate Authority, Samastipur
The District Magistrate-Cum-Collector, Samastipur
The District Education Officer, Samastipur
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
