Patna High Court
Champa KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court directed the District Teachers Employment Appellate Authority to dispose of Appeal No. 11 of 2018 within eight weeks, thereby ordering expeditious disposal.
Summary
Champa Kumari filed a writ petition seeking the expeditious disposal of Appeal No. 11 of 2018 pending before the District Teachers Employment Appellate Authority, Siwan, alleging undue delay. She highlighted that a similar claim had been allowed in CWJC No. 15423 of 2019 and that the authorities had been informed of that precedent. The State of Bihar and the Zila Parishad raised no objection to her prayer for a speedy decision. The Court, exercising its extraordinary jurisdiction, directed the appellate authority to conclude the pending appeal within eight weeks of receipt of the order, ensuring a proper hearing to all parties. The writ petition was consequently disposed of.
Issues considered
- Whether the High Court can issue a directive to an administrative appellate authority to dispose of a pending appeal within a specified time frame under its extraordinary jurisdiction.
Subjects
- writ petition
- extraordinary jurisdiction
- administrative delay
- expeditious disposal
- teachers employment appeal
- education law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21058 of 2025
======================================================
Champa Kumari Wife of Ajay Kumar Pandit, Resident of village- Subahi,
Police Station- Siswan District Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Siwan.
2. The Chairman, Zila Parishad, Siwan.
3. The Deputy Development Commissioner -cum- Chief Executive Officer,
District Siwan.
4. The Headmaster, A.K.H.S. -cum- Inter College, Panchrukhi, District Siwan.
5. The District Education Officer, Siwan.
6. The District Programme Officer Establishment (Education), District Siwan.
7. The District Teachers Employment Appellate Authority, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nirmal Kumar, Adv.
For the Respondent/s : Mr. S Raza Ahmad, AAG-5
Mr. Vishwambhar Prasad, AC to AAG-5
For the Zila Parishad : Mr. Nikesh Kumar, Adv.
Mr. Akshansh Shankar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 06-01-2026 Heard the parties.
2. The grievance of the petitioner is in limited bound
to the extent of expeditious disposal of Appeal No. 11 of 2018,
which is pending consideration before the District Teachers
Employment Appellate Authority, Siwan since long.
3. Mr. Nirmal Kumar, learned Advocate for the
petitioner submitted that despite the fact that the identical claim
of the similarly situated person has been allowed by this Court
in CWJC No. 15423 of 2019 and when this fact has been
brought to the knowledge of the concerned authorities as well as
Patna High Court CWJC No.21058 of 2025(2) dt.06-01-2026
2/2
in Appeal No. 11 of 2018, till date, it has not been brought to its
logical conclusion; though the appeal was preferred way back in
the year 2018. Hence, the petitioner invoked the extra ordinary
jurisdiction of this Court.
4. Learned Advocate for the State and the Zila
Parishad, Siwan have no objection with respect to the prayer of
the petitioner regarding disposal of the appeal within a
reasonable time.
5. Having considered the grievance of the petitioner,
this Court deems it apt and proper to dispose off the writ
petition with a direction to the District Teachers Employment
Appellate Authority, Siwan to take up the Appeal No. 11 of
2018 and bring to its logical conclusion, based upon the
materials available on record, preferably within a period of eight
weeks, from the date of receipt/production of a copy of this
order, if the same has not been disposed off till date.
6. Suffice it to observe that the final disposal of the
appeal shall be made after giving proper opportunity of hearing
to all the concerned.
7. The writ petition stands disposed off.
(Harish Kumar, J)
shivank/-
U
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