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Patna High Court

Smt. Pratibha KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner may initiate proceedings under Rule 16 within four weeks and the concerned authority must adjudicate the claim within two months, thereby disposing the writ petition with that direction.

Summary

Smt. Pratibha Kumari, a teacher, filed a writ petition in the Patna High Court seeking restoration of her liberty to pursue a remedy under Rule 16 of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redress & Appeal) Rules, 2020. She challenged actions taken by the State of Bihar and various education officials that allegedly contravened the directions of the State Appellate Authority. The Court relied on the earlier judgment in Surendra Prasad Yadav v. State of Bihar (CWJC No. 16953 of 2022), which clarified the punitive powers of the Appellate Authority for non‑compliance. The Court reiterated that any violation of the Appellate Authority’s orders could attract a penalty of up to Rs. 50,000 and departmental proceedings. Accordingly, the Court directed the petitioner to initiate proceedings under Rule 16 within four weeks and directed the concerned authority to adjudicate her claim within two months. The writ petition was therefore disposed with these directions. No substantive determination on the merits of the petitioner’s grievance was made.

Issues considered

  • Whether the petitioner is entitled to be restored with liberty to file an application under Rule 16 of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redress & Appeal) Rules, 2020.
  • Whether the directions issued in Surendra Prasad Yadav v. State of Bihar are applicable to the present case.

Legislation cited

Subjects

  • writ petition
  • restoration of liberty
  • Rule 16
  • Bihar education law
  • departmental punishment
  • state appellate authority
  • teacher service dispute

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.286 of 2026
                 ======================================================
                 Smt. Pratibha Kumari Daughter of Narmdeshwar Prasad Mandal Resident of
                 Village- Dhoomgarh, P.O.- Pipra, P.S.- Triveniganj, District- Supaul.

                                                                    ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department of
                 Education, Government of Bihar, Patna.
           2.    The District Magistrate, Purnia.
           3.    The District Education Officer, Purnia.
           4.    The Block Education Officer, Banmankhi, District- Purnia.
           5.    The Panchayat Secretary -Cum- Member Secretary, Panchayat Teacher
                 Planning Unit, Gram Panchayat Raj Ramnagar Farsahi, Block- Banmankhi,
                 District- Purnia.
           6.    The Principal of Primary School, Khut Pothiya, Harijan Tola, Banmankhi,
                 Purnea.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Rajnish Kumar Singh, Adv.
                 For the Respondent/s   :      Mr.Government Pleader (03)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   12-01-2026                 Heard learned counsel for the parties.

                               2. Learned counsel for the petitioner, by taking this

                   Court to the order dated 17.01.2023 passed in the case of

                   Surendra Prasad Yadav and Ors. Vs. The State of Bihar and Ors.

                   (CWJC No. 16953 of 2022) and by referring to the provisions of

                   Rule 16 of the Bihar State Teaching Institutions Teachers and

                   Employees (Disputes Redress & Appeal) Rules, 2020, submits

                   that the petitioner may be restored with liberty to seek

                   appropriate remedy by filing appropriate application under the
Patna High Court CWJC No.286 of 2026(2) dt.12-01-2026
                                            2/3




          applicable Rules. for which the directions have already been

          issued in the aforesaid writ petition. The extracts of such

          directions passed in the case of Surendra Prasad Yadav (supra)

          are reproduced herein below:-

                          ----- “16. Any action taken by them contrary to the
                  directions of the State Appellate Authority would amount to
                  flouting of the said order for which they are liable to be
                  punished in terms of Rule 16 of Bihar State Teaching
                  Insitututions Teachers and Employees(Dispute Redressal &
                  Appeal) Rules of 2020 which reads as under:
                          "16. Power to impose Punishment:-
                                  In case of non-compliance of the order/direction
                          or in case of any complaints by the party for
                          compliance of the order:-
                                  (i) The Appellate Authority shall impose
                          punishment against-concerned party but he will be
                          given adequate opportunity of hearing before imposing
                          punishment.
                                  (ii) The Appellate Authority may impose penalty
                          upto Rs. 50,000/- (Fifty thousand only) upon the
                          answerable party. The amount of penalty shall be
                          deposited in the Treasury under the head indicated by
                          the Department. The amount of penalty shall be
                          recoverable by way of Public demand.
                                  (iii)   The     Appellate   Authority   shall   have
                          jurisdiction to make recommendation to the concerned
                          Department to initiate Departmental proceeding or to
                          take necessary action against the delinquent employee
                          under the provisions of Bihar Service Code/Bihar
                          Panchayat Raj Act 2006/Bihar Municipal Act 2007 and
          Patna High Court CWJC No.286 of 2026(2) dt.12-01-2026
                                                      3/3




                                     other relevant provisions.
                                     17. The State Appellate Authority has the power to
                            initiate proceedings against the District Programme Officer
                            including imposing of fine and departmental proceedings.
                            This Court leaves it open for the State Appellate Authority to
                            take appropriate action at its own wisdom.
                                     18. With the said observations, the writ petition is
                            allowed. The petitioners shall be allowed to continue on the
                            post.”
                                3. In view of the direction so issued by a Co-ordinate

                    Bench of this Court, the writ petition is disposed of with a

                    direction to the petitioner to initiate proceeding as per the

                    provisions of Rule 16 of the Bihar State Teaching Institutions

                    Teachers and Employees (Disputes Redress & Appeal) Rules,

                    2020 within a period of four weeks from today for ventilating

                    his grievances, and on initiation of such proceedings, it is

                    expected that the authority concerned shall adjudicate the claim

                    of the petitioner expeditiously preferably within a period of two

                    months.



                                                 (Ajit Kumar, J)
rishi/-

U


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