Patna High Court

Usha Kumari @ Usha DeviversusThe State of Bihar

Decided: 22 January 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The petition must first be presented to the District Appellate Authority; consequently, the writ petition is disposed.

Summary

The petitioner, Usha Kumari, a teacher employed by the State of Bihar, challenged an order of termination issued by various education officials. She filed a writ petition in the Patna High Court seeking relief from the termination. The Court examined whether the petition could be entertained directly or whether the petitioner must first approach the statutory grievance mechanism. It held that the petitioner is required to first approach the District Appellate Authority for ventilation of her grievances. Accordingly, the writ petition was dismissed and the case was disposed of.

Issues considered

Whether a writ petition challenging a termination order is maintainable without first approaching the District Appellate Authority under the applicable service rules?

Subjects

termination
service law
writ petition
administrative grievance
district appellate authority
employment

Judgment

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.1020 of 2026
             ======================================================
             Usha Kumari @ Usha Devi Wife of Sri Mukesh Kumar Pandey, Resident of
             Mitralok Colony, Near Hanuman Mandir, Pandeypatti, P.O. and P.S.- Buxar,
             District- Buxar.

                                                                          ... ... Petitioner/s
                                               Versus

       1.    The State of Bihar through the Director, Primary Education, Govt. of Bihar,
             New Secretariat, Patna.
       2.    The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.
       3.    The District Education Officer, Buxar.
       4.    The District Programme Officer (Establishment), Buxar.
       5.    The Block Education Officer, Brahmpur, P.O. and P.S.- Brahmpur, District-
             Buxar.
       6.    The Panchayat Secretary-cum-Member Secretary, Panchayat Teacher
             Employment Committee, Gram Panchayat Raj, Yogiya, Block- Brahmpur,
             District- Buxar.
       7.    The Headmaster, Primary School, Kritsagar, Block and P.S.- Brahmpur,
             District- Buxar.

                                                                      ... ... Respondent/s

             ======================================================
             Appearance :
             For the Petitioner/s   :      Mr. Bipin Bihari Singh, Adv.
             For the Respondent/s   :      Mr. Mahtab Alam, AC to SC-20
             ======================================================

             CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR

                                           ORAL ORDER

22-01-2026                 Heard learned counsel for the parties.

                           2. For making factual deliberations with respect to the

               order of termination, the petitioner is directed to approach the

               District Appellate Authority for ventilation of her grievances for

               which the writ petition has been filed.

                           3. With the aforesaid observation, the writ petition
          Patna High Court CWJC No.1020 of 2026(2) dt.22-01-2026
                                                      2/2




                    stands disposed of.



                                                                   (Ajit Kumar, J)
rishi/-

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