Patna High Court
Kumari RashmiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the District Education Officer and District Programme Officer to comply with the appellate order of reinstatement within two weeks and ordered departmental action and compensation for the petitioner.
Summary
The petitioner, Kumari Rashmi, was appointed as a Panchayat Teacher in 2007 but her appointment was cancelled in 2014 after a brief deputation and an accident. She challenged the cancellation, and the District Teacher Appellate Authority set aside the cancellation order in August 2023, directing reinstatement and consequential benefits. Despite the appellate order, the District Education Officer and District Programme Officer failed to comply, prompting the petitioner to file a writ petition. The High Court held that the authorities are bound to implement the appellate order, directed compliance within two weeks, and ordered departmental action and compensation for harassment. The court also communicated the matter to the Additional Chief Secretary, Education Department, for further action, and disposed of the writ petition.
Issues considered
- Whether the District Education Officer and District Programme Officer are obligated to comply with the District Teacher Appellate Authority's order of reinstatement dated 02.08.2023.
- Whether compensation can be awarded for the petitioner’s harassment due to non‑compliance.
- Whether departmental proceedings can be initiated against the officials for failure to implement the appellate order.
Subjects
- reinstatement
- service cancellation
- appellate authority order
- non‑compliance
- compensation
- education department
- writ petition
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2920 of 2026
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Kumari Rashmi Daughter of Badshah Singh, Resident of Sareya, Ward No. 5,
P.O. and P.S.- Gopalganj, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, New Secretariat, Patna.
2. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.
3. The District Education Officer, Gopalganj.
4. The District Programme Officer (Establishment), Gopalganj.
5. The Block Teacher Employment Unit, Gopalganj Sadar, P.o. and P.S.-
Gopalganj, District- Gopalganj through its Secretary.
6. The Block Development Officer-cum-Secretary, Block Teacher Employment
Unit, Gopalganj Sadar, P.O. and P.S.- Gopalganj, District- Gopalganj.
7. The Block Education Officer, Gopalganj Sadar, P.O. and P.S.- Gopalganj,
District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Bihari Singh, Adv.
For the Respondent/s : Mr. Kamlesh Kishore, AC to SC-12
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
counsel appearing for respondent-State.
2. The District Programme Officer (Establishment)
Gopalganj, Mr. Saheb Alam is personally present in compliance
of previous order dated 13.03.2026, however the District
Education Officer, Gopalganj is not personally present despite
their being specific order for his personal appearance.
3. The petitioner has moved this Court for a direction
to the respondents for reinstatement and consequential benefits
Patna High Court CWJC No.2920 of 2026(3) dt.20-04-2026
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in view of the order passed by the District Teacher Appellate
Authority, Gopalganj vide order dated 02.08.2023 in Appeal
Case No.03 of 2023 (Kumari Rashmi vs. The District Education
Officer, Gopalganj & Ors.), which has attained finality in
absence of challenge of the order of the District Teacher
Appellate Authority before appropriate Forum or Court of law
within the period prescribed. The selection process was initiated
in the year 2006 for the selection of Panchayat Teacher and after
completing the due process and considering her eligibility and
suitability against respective post, the petitioner was
selected/appointed by Employment Committee completing due
process against vacant post. In this regard a formal letter for
appointment was also issued to the petitioner vide Letter no.11
dated 25.01.2007 and the petitioner was posted in Primary
School, Jadopur Raj under Jadopur Shukla Panchayat in
Gopalganj Sadar Block and the petitioner started performing her
duties from the date of her joining i.e. 25.01.2007.
4. It is submitted by learned counsel for the petitioner
that the petitioner pursuant to her joining on 25.01.2007 was
discharging her work satisfactorily and there was never any
complain or adverse remark against the petitioner. On
18.02.2014 vide Memo no.533 the petitioner was deputed to
Patna High Court CWJC No.2920 of 2026(3) dt.20-04-2026
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Primary School Gurmia, Gurmia Tola, Block-Vijaypur,
Gopalganj for four months. The petitioner joined at the
transferred place and in the meanwhile on 19.04.2014 vide
Memo no.555 her deputation was cancelled by the District
Education Officer, Gopalganj and the petitioner was directed to
join at her parental school on 24.04.2014. While the petitioner
was on her way to joining the parental school, she is said to
have fallen from the motorcycle and got herself injured. She
was taken to the hospital and was admitted. She remained under
treatment for long. The petitioner had informed the Employment
Unit and other officials through various letters and when the
petitioner recovered and was fit to join her school on 21.09.2018
before the Block Development Officer-cum-Secretary Block
Teacher Employment Unit, Gopalganj, Sadar Gopalganj, the
petitioner was informed that her appointment / engagement had
been canclled vide order bearing Memo No.1270 dated
04.09.2014.
5. Being aggrieved with the cancellation of her
appointment the petitioner challenged the same by filing a writ
application before this Court bearing CWJC No.21359 of 2018,
which was disposed of on 23.11.2021 (Annexure-P/1) with the
direction to approach the concerned District Teacher Appellate
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Authority for redressal of her grievances.
6. In compliance of the order passed by this Court in
CWJC No.21359 of 2018, the petitioner preferred Appeal
No.03 of 2023 before the District Teacher Appellate Authority,
Gopalganj seeking relief for setting aside the order bearing
Memo No.1270 dated 04.09.2014 by which the petitioner’s
appointment had been cancelled without following required
process. It is stated that the issue was examined in detail by the
District Teacher Appellate Authority, Gopalganj and finally the
appeal was allowed by setting aside the order contained in
Memo No.1270 dated 04.09.2014 by which the petitioner’s
appointment had been cancelled. The final order was passed by
the District Teacher Appellate Authority on 02.08.2023
(Annexure-P/2).
7. It is further stated by learned counsel appearing for
the petitioner that for compliance of the order dated 02.08.2023
passed by the District Teacher Appellate Authority, on numerous
occasion the petitioner represented before the authorities,
particularly, the District Education Officer, Gopalganj and
District Programme Officer (Establishment), Gopalganj, but till
date petitioner has neither been reinstated in service nor she has
been given any consequential benefit.
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8. Since final order was passed by the District Teacher
Appellate Authority dated 02.08.2023 was not been complied
with by the District Education Officer, Gopalganj and District
Programme Officer (Establishment), Gopalganj, the petitioner
was compelled to file a Misc. Case No.06 of 2023 before the
District Teacher Appellate Authority complaining about non-
implementation of the order dated 02.08.2023. This
miscellaneous case was heard in detail and taking note of the
facts, the District Teacher Appellate Authority had awarded
punishment of Rs.50,000/- cost on Shri Raj Kumar Sharma, the
then District Education Officer, Gopalganj. The order imposing
punishment of Rs.50,000/- is contained in Memo No.551 dated
14.03.2024 (Annexure-P/3). The petitioner contends that even
this fifty thousand rupees which was imposed by way of
punishment has not been deposited till date, as per the order.
9. It is further submitted by learned counsel for the
petitioner that despite all the above developments having taken
place, till date the petitioner has not been reinstated in service
and no consequential benefits have been given to her by the
District Education Officer, Gopalganj as well as by the District
Programme Officer (Establishment), Gopalganj.
10. Taking into account that the order passed by the
Patna High Court CWJC No.2920 of 2026(3) dt.20-04-2026
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District Teacher Appellate Authority, Gopalganj dated
02.08.2023 in Appeal Case No.03 of 2023 has attained finality,
the authorities, particularly the District Education Officer,
Gopalganj and District Programme Officer (Establishment),
Gopalganj are bound to comply with the same. The District
Education Officer, Gopalganj and District Programme Officer
(Establishment), Gopalganj are therefore directed to ensure the
compliance of the order dated 02.08.2023 passed by the District
Teacher Appellate Authority,Gopalganj in Appeal Case No.03 of
2023 within a period of two weeks from today.
11. Similar situation had arisen in the case of Raju
Yadav vs. The State of Bihar & Ors in CWJC No.13018 of 2025
wherein the District Education Officer, Gopalganj was not
complying with the order passed by the District Appellate
Authority, Gopalganj and this Court had taken a serious view of
the matter.
12. Since the authorities of the State are refusing to
carry out the lawful orders passed by the Tribunal, therefore,
taking into account the seriousness of the matter, let this order
be communicated to the Additional Chief Secretary, Education
Department, Government of Bihar, Patna for taking appropriate
action against the District Education Officer, Gopalganj as well
Patna High Court CWJC No.2920 of 2026(3) dt.20-04-2026
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as against the District Programme Officer (Establishment),
Gopalganj, for issuing necessary orders in this regard. It is
further directed that the District Education Officer, Gopalganj
and the District Programme Officer (Establishment), Gopalganj
be called upon to explain by the departmental head, as to why
the order of the District Appellate Officer, Gopalganj is not
being complied with and appropriate proceedings be drawn
against these authorities for keeping the house in order besides
awarding appropriate compensation for causing unnecessary
harassment to the petitioner. The amount of compensation shall
be quantified by the said authorities and the same shall be
recovered from the District Education Officer, Gopalganj and
District Programme Officer (Establishment), Gopalganj by
instituting departmental proceedings against them.
13. With the aforesaid observation and direction, this
writ application stands disposed of. All pending I.As, if any
shall be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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