Patna High Court

Ram Vinay Prasad @ Ram Vinay KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The court held that the petitioner’s service cannot be disturbed on the basis of the impugned findings until they are reviewed by the appropriate appellate authority, and therefore the writ petition is dismissed.

Summary

The petitioner, a secondary school teacher, filed a writ petition seeking quashing of several administrative memos that alleged his appointment violated roster rules, and also sought mandamus directing payment of salary and arrears. The petitioner argued that the District Teacher Employment Appellate Authority had already upheld his appointment, and that the later memos were issued without giving him a hearing. The court examined whether the impugned memos could be set aside and whether the petitioner was entitled to salary relief pending resolution. It held that the petitioner’s service could not be disturbed on the basis of the contested findings until they are reviewed by the appropriate appellate authority, and that the petitioner should pursue representation before the concerned authorities. Consequently, the writ petition was disposed without granting the reliefs sought.

Issues considered

Whether the memos dated 09.09.2021, 31.07.2021 and 11.01.2017 can be quashed by certiorari.
Whether mandamus can be issued directing payment of salary and arrears to the petitioner.
Whether the order of the District Teacher Employment Appellate Authority dated 18.12.2020 is final and enforceable.
Whether the petitioner is entitled to relief pending adjudication of the alleged roster violation.
Whether the limitation period bars any further challenge.

Subjects

certiorari
mandamus
teacher appointment
roster violation
salary arrears
administrative law
service law
limitation

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17755 of 2021
======================================================
Ram Vinay Prasad @ Ram Vinay Kumar Son of Nemi Chandra Sah Resident
of Village - Riga, Mill Bazar, Ward No. 13, Kusumpur Bakhri, Police Station
- Riga, District- Sitamarhi, At present posted and working as a Secondary
Teacher in High School Bairgania, Anchal - Bairgania, District- Sitamarhi.

... ... Petitioner/s
Versus

1. The State of Bihar Bihar.
2. The Principal Secretary - cum- Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
3. The Director, Secondary Education, Govt. of Bihar, Patna.
4. The District Magistrate, Sitamarhi.
5. The Additional Collector, Sitamarhi.
6. The Senior Deputy Collector, Sitamarhi.
7. The Deputy Development Commissioner - cum- Chief Executive Officer,
Muzaffarpur.
8. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.
9. The District Education Officer, Sitamarhi.
10. The District Programme Officer (Secondary Education), Sitamarhi.
11. The District Programme Officer (Establishment), Sitamarhi.
12. The Executive Officer, Nagar Parishad, Bairgania, District- Sitamarhi.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Mishra
For the State : Ms.Abhanjali, Ac to Ga12
For the Respondent No. 12 : Mr.Neeraj Kr. Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL JUDGMENT

Date : 12-01-2026

In the instant petition, petitioner has prayed for the

following relief(s):-
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“I. For issuance of an
appropriate writ in the nature of certiorari
for quashing memo no. 1475 dated
09.09.2021 issued under the signature of
the Director, Secondary Education, Bihar,
Patna addressing to the Executive Officer-
cum- the Secretary, Nagar Secondary
Teacher Employment Unit, Nagar
Panchayat, Bairgania, District-Sitamarhi
by which, he has stated that the selection
of teachers for the 5th phase in the Nagar
Panchayat Bairgania has been done
against the roster point and in the enquiry
the allegation has been found to be true.
Therefore, he has directed for cancellation
of illegal appointment, which has been
referred to in the enquiry report, without
verifying the facts of the case of the
petitioner.
II. For issuance of an
appropriate writ in the nature of certiorari
for quashing the memo no. 2171 dated
31.07.2021 issued under the signatures of
four men Enquiry Committee by which, it
has been held that in the Nagar
Panchayat, Bairgania, district Sitamarhi
only two vacancy available for the Social
Science subject against which two persons,
namely, Ranjit Kumar and Shri Saroj
Kumar have been appointed but in spite of
no other vacancy, the selection of Shri
Ram Vinay Kumar (petitioner) have been
done, which does not appear to be proper.
The said enquiry report is ex-parte one as
the said enquiry has been completed
without noticing the petitioner and giving
an opportunity to him of being heard and
furthermore, the aforesaid Enquiry Report
has been issued without appreciating the
correct facts.
III. For issuance of an
appropriate in the nature of certiorari for
quashing the letter no. 51 dated
11.01.2017 issued by the District
Patna High Court CWJC No.17755 of 2021 dt.12-01-2026
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Education Officer, Sitamarhi, the roster
forwarded vide letter no. 1966 dated
17.07.2016 was amended vide letter no.
2479 dated 17.10.2016 in such a condition
the memo no. 1966 dated 17.07.2016
considered automatically cancelled as the
same has been manufactured subsequently
only with a view to harass the petitioner
and to snatch the only source of his
livelihood and only to show that there was
no backlog vacancy of Social Science
subject existing in the Nagar Panchayat
Bairgania, against which, the petitioner
has been selected/appointed in the year
2017.
IV. For issuance of an
appropriate writ in the nature of
mandamus for commanding and directing
the respondent authorities concerned to
comply the order passed by the learned
District Teacher Employment Appellate
Authority, Sitamarhi in Case No. 40/2019
(Ramvinay Kumar vs. the District
Education Officer, Sitamarhi and Others)
on 18.12.2020 and communicated vide
memo no. 20 dated 18.12.2020, holding
the selection / appointment of the
petitioner genuine and valid and directed
the District Programme Officer
(Establishment), Sitamarhi to ensure the
payment of the petitioner and others within
a period of two months.
V. For issuance of an
appropriate writ in the nature of
mandamus for commanding and directing
the respondent authorities concerned to
pay the arrears of salary due since the
date of joining as well as current salary to
the petitioner in the light of the memo
no.107 dated 11.03.2008 issued under the
signature of the Commissioner and
Secretary, Education Department and the
letter no.387 dated 17.06.2015 issued by
the Principal Secretary, Education
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Department, Govt. of Bihar, Patna, by
which there is specific direction that the
teacher's salary will not be withheld.
VI. For issuance of an
appropriate writ in the nature of
mandamus for commanding and directing
the respondent authorities concerned to
redress the genuine grievance of the
petitioner for payment of his arrears of
salary as well as current salary without
any further delay.
VII. For issuance of any other
writ/writs,
order/orders,direction/directions for which
the petitioner will be entitled in the facts
and circumstances of the present case.”

2. Counsel for the petitioner by taking this Court to

Annexure-13 submits that after passing of order by the District

Appellate Authority in Case No. 40/2019 dated 18.12.2020, which

is contained in Memo No. 20 dated 18.12.2020, the Director,

Secondary Education is said to have issued a letter dated

09.09.2021. Whereas, he has come out with a finding that the

allegations of violation of roster so levelled against this petitioner

with regard to his appointment have been found to be true. While,

the said allegation has been put at rest by the Appellate Authority

in the aforementioned case. The findings which is said to have

been recorded in the letter dated 09.09.2021, from which it does

not appear that this petitioner was ever called in question before

recording such findings of fact that the allegations are found

correct and appropriate steps for cancellation has been taken.
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3. In view of the letter dated 09.09.2021, whereby, the

allegations have been found to be true, may be good grounds to

prefer appeal against the order dated 18.12.2020, passed by the

District Appellate Authority, before State Appellate Authority,

which forum is available under the statue. Such steps having not

been taken, it is a clear case of overreach, and the authorities, who

were supposed to have complied the directions issued by the

District Appellate Authority, instead having not carried out the

formalities of compliance has chosen for passing such orders, has

invited appropriate disciplinary action in terms of the directions

issued by the Additional Chief Secretary, Department of Education

as contained in Memo No. 580 dated 11.03.2019, for having not

complied the directions of the District Appellate Authority/State

Appellate Authority, which has attained finality. This issue is left

open for the authorities competent in law to be addressed

accordingly. The order as contained in letter vide Memo No. 1475

dated 09.09.2021 where the findings in respect of the allegations

have been found, to be true is recorded by referring to the Enquiry

Report (Annexure-12) vide Memo No. 2171 dated 31.07.2021,

these findings may be good grounds and very appropriate for

taking them to challenge the order, which is said to have been

passed by the District Appellate Authority, and the only recourse
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which is now available with the authorities. At this stage, to get

such findings adjudicated before the said forum, which is available

in law, by putting the said, the District Appellate Authority, to such

challenge, which is till date has not been tinkered by the forum as

provided in law, the authorities are always left with such option to

take appropriate remedy in law, if not impeded by the law of

limitation. In case of there being no prudent ground available with

the authorities, to put the order of the District Appellate Authority

to such challenge for getting the order interfered by the higher

forum, in such an event, the order passed by the District Appellate

Authority shall be complied with within a period of eight weeks’

from the date of filing of representation.

4. At this stage, counsel for the petitioner submits that

petitioner is still continuing in service on the post of Nagar

Secondary Teacher, despite, such findings dated 09.09.2021 is

recorded by the authorities and submits that since the petitioner is

also discharging his duties, therefore, appropriate directions may

be issued to the concerned authorities, to pay salary to this

petitioner for the duties discharged till today.

5. On the other hand, counsel representing Nagar

Panchayat, does not dispute such submissions of the petitioner. In

view of such submission, the petitioner is hereby directed to file
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appropriate representation before the authorities concerned, who

shall adjudicate the claim insofar the salary part is concerned by

passing appropriate order in the light of the judgment passed by

the Apex Court in the case of Maan Singh vs. Union of India &

Ors. (2003) 3 SCC 464; AIR 2003 SC 1800 within the same

period.

6. It is made clear that since petitioner is continuing in

service, he shall not be disturbed from the said post, on the

strength of impugned findings recorded in letter dated 09.09.2021,

issued relying upon the inquiring report dated 31.07.2024, so long,

those findings are approved by the higher forum, as provided in

law, interfering with the order passed by the District Appellate

Authority dated 18.12.2020, which is said to have attained finality.

7. Since, the respondents could not take appropriate

steps, in this matter due to pendency of the present writ petition, as

such, the issue of limitation is left open to be adjudicated by the

concerned forum/authorities at appropriate stage, if such

applications are filed by the State-respondents for seeking

interference as against the order passed by the District Appellate

Authority, invoking the jurisdiction of State Appellate Authority

by referring to the appropriate provision of limitation.
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8. Accordingly, the instant writ petition stands disposed

of.

9. Pending Interlocutory Application(s), if any, stands

disposed of.

(Ajit Kumar, J)
abhishekkr/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.01.2026
Transmission Date NA

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