Patna High Court
Rita KumariversusThe State of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- AJIT KUMAR
Holding
The writ petition is dismissed as the appellate authority's order is not perverse or erroneous and no infirmity is found.
Summary
Petitioner Rita Kumari challenged the order dated 08.01.2019 of the State Appellate Authority, Education Department, which set aside a 2011 order cancelling her employment and directed the Panchayat Employment Committee to terminate her appointment in favor of another candidate. She sought a writ to quash the appellate order and obtain a stay. The High Court examined whether the appellate authority had acted perversely or on erroneous consideration, noting that the issues raised by the petitioner were not previously presented before the appellate bodies. The Court observed that the appellate authority had based its decision on detailed affidavits and documents on record and found no infirmity in its order. Consequently, the writ petition was dismissed, leaving the appellate order intact.
Issues considered
- What is the appropriate standard for reviewing an order of the State Appellate Authority under a writ petition?
- Whether the appellate authority's order is perverse or based on erroneous consideration warranting quash?
- Whether the petitioner raised any new grounds that could justify a review of the appellate order?
Subjects
- employment law
- Panchayat employment
- appellate authority
- writ petition
- review
- quashing order
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2120 of 2019
======================================================
Rita Kumari D/o Sri Sachchidanand Poddar wife of Sri Santosh
Poddar,resident of Village-Bishanpur,P.S.Mansahi,Dist.-Katihar
... ... Petitioner/s
Versus
1. The State of Bihar and Ors through the Principal Secretary Human
Resources Development Department,Govt. of Bihar,Patna
2. The District Magistrate, Katihar
3. The District Education Officer, Katihar,Dist.-Katihar
4. The District Superintendent of Education, Katihar,within the Dist.Katihar
5. The Block Development Officer, Mansahi,within the District Katihar
6. Block Education Exetension Officer, Mansahi,within the Dist.-Katihar
7. Panchayat Secretary, Gram Panchayat Raj,Phulhara within the Dist.-Katihar
8. Mukhiya,Gram Panchayat Raj, Phulhara within the Dist.-Katihar
9. Rashmi Devi @ Kumari Rashmi w/o Nagendra Kumar Nirala Village-
Gorama,P.S. Mansahi,Dist._Katihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rama Nand Poddar
For the Respondent/s : Mr.Madanjeet Kumar (Gp20)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
22 10-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. In the instant petition, petitioner has prayed for the
following relief(s):-
“ (a) For quashing the order dated
08. 01. 2019 passed by the State Appellate
Authority, Education Department, Bihar,
Patna passed in Appeal No. 300 of 2017 by
which the learned state appellate authority
allowed the appeal and impugned order
dated 29.11.2011, passed by learned District
Teachers Employment Appellate Authority,
Katihar, in Appeal Case No.68/2010, has
Patna High Court CWJC No.2120 of 2019(22) dt.10-02-2026
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been set aside. The Panchayat Employment
Committee, Phulhara is directed to cancel
the employment of the petitioner - Rita
Kumari and issue employment letter to the
respondent no. 9, in place of the Petitioner.
(b) For issuance of a direction to
the respondent authority to stay the
impugned order dated 08. 01. 2019 passed
by the State Appellate Authority, Education
Department, Bihar, Patna passed in Appeal
No. 300 of 2017.”
3. Pursuant to the order dated 09.12.2025, counsel for
the petitioner was directed to show the infirmity in the order
passed by the State Appellate Authority as well as the District
Appellate Authority, and this matter thereafter was heard on
several dates, and today this matter has finally been heard, and
the issues which are being raised by counsel for the petitioner
was never raised before the Appellate Authority through the
same may be a good ground for review but may not be said to
be a perverse finding and as also erroneous consideration, while,
the same are based on the materials available on record.
4. Considering the fact that there is a detailed
deliberations made by the State Appellate Authority based on
the affidavits filed by the different Government officials and as
also the documents appended therein, therefore, this Court finds
no infirmity in the order.
5. Accordingly, the instant writ petition stands
Patna High Court CWJC No.2120 of 2019(22) dt.10-02-2026
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dismissed, and the authorities are at liberty to take appropriate
steps in accordance with law.
(Ajit Kumar, J)
abhishekkr/-
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