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Patna High Court

Champa KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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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