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Patna High Court

Poonam KumariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the direction to take action against the appellant for alleged misrepresentation is set aside.

Summary

The appellant, Ms. Poonam Kumari, challenged a Single Judge's order directing the Additional Chief Secretary of Education, Bihar to take action against her for allegedly misleading the court by filing a counter‑affidavit in a contempt petition. The petition arose from a dispute over the salary of a Panchayat Teacher, where the petitioner claimed the appointment was illegal under changed rules. The Single Judge had held that Ms. Kumari deliberately misled the court and ordered action against her. On appeal, counsel argued that the counter‑affidavit contained no false statements, the writ petition had already been disposed with full payment, and therefore the direction was untenable. The Court of Appeal found no misrepresentation, held the direction to take action was misconceived, set it aside, and allowed the appeal.

Issues considered

  • Whether the counter‑affidavit filed by Ms. Kumari contained false statements amounting to contempt of court.
  • Whether the direction to the Additional Chief Secretary to take action against Ms. Kumari is legally sustainable.
  • Whether the prior disposal of the writ petition renders the contempt petition moot.

Subjects

  • contempt of court
  • counter affidavit
  • misrepresentation
  • writ petition
  • appointment rules
  • education department
  • Bihar
  • letters patent appeal

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.660 of 2025
                                          In
                   Civil Writ Jurisdiction Case No.15771 of 2021
     ======================================================
     Poonam Kumari W/o- Ashok Kumar Resident of Mohalla- Ashiyana Nagar,
     P.S.- Rajeev Nagar, District- Patna.

                                                                    ... ... Appellant/s
                                     Versus
1.   The State of Bihar through the Additional Chief Secretary, Education
     Department, Government of Bihar, Patna.
2.   The Director (Primary Education), Bihar, Patna.
3.   The District Education Officer, Nalanda.
4.   The District Programme Officer (Establishment), Nalanda.
5.   Sujeet Kumar Raut, S/o not known to the petitioner the then D.P.O.,
     (Establishment), Nalanda.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s      :       Ms. Shashi Priya Pathak, Advocate
                                      Mr.Ambrish Kumar Jha, Advocate
     For the State            :       Mr. Anjani Kumar AAG-4
                                      Mr. Alok Kumar Rahi, AC to AAG-4
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE SUDHIR SINGH
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 12-01-2026

                     The Letters Patent Appeal has been filed by the

      appellant-Poonam            Kumari     challenging      the    order    dated

      05.05.2025 passed by the learned Single Judge in CWJC No.

      15771 of 2021.

                     2. Respondent no. 6-Shweta Prasad filed the aforesaid

      writ petition with following relief:-

                                      “(1) For issuance of writ(s) / direction(s) in
                           the name of Respondents to make payment of salary to
Patna High Court L.P.A No.660 of 2025 dt.12-01-2026
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                              the petitioner who is working on the post of Panchayat
                              Teacher in School, Jiyachak Navsrijit Primary under
                              Gram Panchayat Raj Barandi block- Rahui, Distt-
                              Nalanda from 03.07.2012 in view of appointment letter
                              issued on 27.06.2012 in terms of order issued through
                              memo no-235 dated 25.07.2011 by the Learned District
                              Teacher Appellate Authority, Nalanda in Appeal no-
                              57(A)/2011.
                                          (II) For issuance order/orders, of writ/writs,
                              direction/directions which may deem fit and proper
                              under the facts of the case.”



                       3. When the notice was issued in the matter, the

          present appellant filed the counter affidavit on 29.10.2021,

          and the following statements were made therein:-

                                          “6. That facts of the case under dispute in a
                              narrow is campus that the petitioner filed application
                              for her employment in the year 2008 before the Gram
                              panchayat Barandi under Rahui block but the petitioner
                              was not selected and appointed by the panchayat
                              employment unit, Barandi.
                                          7. That it is not dispute that 2nd phase of
                              Block/panchayat teachers employment was concluded
                              in the month of December, with 2010 specific direction
                              that no employment shall be made after 31.12.2010
                              and all vacancies shall be carried forward for the third
                              phase of employment 2012.
                                          8. That one employed panchayat teacher
                              tender his resignation due to appointment on regular
                              teacher in 34540 category, Thereafter, the petitioner
                              and two other candidates moved before the District
                              teacher Employment Appellate Authority, Nalanda
                              vide Appeal No. 57 (A) of 2011.
                                          9. That the District Appellate Authority,
                              Siwan without considering the departmental guideline
                              and after completion of process of selection of
                              Block/Panchayat Teacher of 2nd phase, illegally
                              allowed the appeal with a direction to concerned
                              employment unit to appoint the petitioner as Panchayat
                              Teacher against the vacancy of 2008. (Annexure-3 of
                              the writ petition) vide order dated 25.7.2011
Patna High Court L.P.A No.660 of 2025 dt.12-01-2026
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                               (Annexure-2 of the writ petition).
                                            10. That in compliance of the order passed
                               by District Appellate Authority, the Panchayat
                               Employment unit Barandi issued employment letter
                               vide letter no. 06 dated 27.6.2012 and posted in Newly
                               Primary School Barandi petition). (Annexure-3 of the
                               writ petition).
                                            11. That it is relevant to state that at present
                               scenario, the employment has been made under Bihar
                               panchayat Elementary Employment Rule -2012 and
                               the process and criteria of employment of
                               panchayat/Block Teacher have been changed.
                               Therefore, employment of petitioner could not be
                               made against non existing vacancies. The said issue
                               has been decided by this Hon'ble court on 7.7.2015 in
                               C.W.J.C.NO. 6015 of 2015 (Md. Akil Vs. State of
                               Bihar and ors) in which clearly hold that-
                                                                "This    application     is
                                                 dismissed on the ground that no
                                                 appointment can belated stage on
                                                 made be the at post which was
                                                 advertised and exercise was complied
                                                 in the year 2008. In addition to that
                                                 rules have been changed and the
                                                 qualification and eligibility criteria
                                                 for appointment has been changed
                                                 any appointment now will be
                                                 governed by the present rules in the
                                                 play........ "
                                           12. That however, in view of issuance of
                              letter of appointment by the Employment the unit,
                              petitioner discharging his duties against vacancy
                              Caused on account of resignation in the year 2012 of
                              one appointed candidate, Therefore any payment made
                              to the petitioner would amount of financial
                              irregularities.
                                           13.That it is relevant to state that order of
                              District Teacher Appellate Authority Gopalganj has no
                              jurisdiction to direct the employment unit to any
                              appoint candidate against the vacancy caused due to
                              resignation of any candidate. The similar matter has
                              already been decided by the Division Bench of this
                              Hon'ble Court in LPA NO. 1398 of 2013 on 17.02.17
                              with holding that-
                                                        "There is a vacancy subsisting
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                                          because of resignation of one of the
                                          selected candidates now is of no avail
                                          because law is well settled in this regard
                                          even. by the Apex Court that, any vacancy
                                          caused after joining and resignation can not
                                          be used for the same to be filled up by any
                                          candidate from the panel as the panel life
                                          comes to an end after the appointment
                                          process is over.”
                      4. The learned Single Judge while passing the

         impugned order on 05.05.2025, came to held as follows:-

                                            “3. In view of the above fact, though the
                               grievance of the petitioner has been redressed, but
                               what appears to be alarming to this Court is that the
                               manner in which the District Programme Officer
                               (Establishment), Education Department works, which
                               is reflected from the counter affidavit filed by the
                               predecessor of Mr. Sujit Kumar Raut, namely, Ms.
                               Poonam Kumari, aged about 47 years, wife of Ashok
                               Kumar, Resident of Ashiyana Nagar, P.S. Rajeev
                               Nagar, District Patna. The District Teachers
                               Employment Appellate Authority, Nalanda in Appeal
                               No. 57A/2011 had granted relief to the petitioner,
                               which was required to be challenged or complied, but
                               I find that the informations contained in the counter
                               affidavit duly sworn on 29.10.2021 can only be said to
                               be in breach of the order dated 25.07.2011 passed by
                               the District Appellate Authority. Ms. Poonam Kumari
                               deliberately and willfully did not comply with the
                               order passed by the District Appellate Authority with
                               predetermined mind to deny the petitioner due salary
                               to which she was entitled to.
                                            4. The Additional Chief Secretary,
                               Education Department, Government of Bihar, Patna is
                               directed to take appropriate action against Ms.
                               Poonam Kumari, after giving due opportunity to her,
                               who had misled the Court by filing counter affidavit
                               on behalf of the respondent no.6 when she was
                               holding the post of District Programme Officer
                               (Establishment), Nalanda and file an affidavit giving
                               details of the action taken by him.”

                      5. Learned counsel for the appellant submits that in
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         the counter affidavit, the appellant has not made any incorrect

         statement and the relief that was sought for by the respondent

         no. 6 has already been provided to her. She further drew

         attention of this Court to the fact that the matter i.e. writ petition

         has been finally disposed of on 22.07.2025 and the following

         order was passed:-

                                          “Heard Mr. Chandra Shekhar Singh,
                               learned counsel appearing on behalf of the petitioner
                               and Ms. Namrata Singh, learned AC to Ex GA 12 for
                               the State.
                                           2. Ms. Namrata Singh, learned counsel
                               appearing on behalf of the State informs that the
                               petitioner has already been paid the entire amount due
                               to her and the State has also taken appropriate steps to
                               take action against the official, who had duly sworn on
                               29.10.2021 in the counter-affidavit filed on behalf of
                               the respondent.
                                           3. In view of the above information, the
                               present contempt petition is consigned.”



                      6. Learned counsel appearing on behalf of the

         appellant submits that the writ petitioner has got the relief

         sought for and there was no factual error in the statements made

         in the counter affidavit and therefore, the direction issued by the

         learned Single Judge in the impugned order to the Additional

         Chief Secretary, Government of Bihar, Patna to take appropriate

         action against the appellant on the ground that she had misled

         the Court by filing counter affidavit is not sustainable in the eye

         of law.
             Patna High Court L.P.A No.660 of 2025 dt.12-01-2026
                                                          6/6




                                   7. Learned counsel for the State very fairly submits

                      that in the counter affidavit filed by the appellant, no statement

                      has been made which is factually incorrect.

                                   8. In view of such submission, we are of the view that

                      the appellant has not misled the court by filing the counter

                      affidavit, and therefore, the direction given by the learned Single

                      Judge to the Additional Chief Secretary, Education Department,

                      Government of Bihar, Patna to take appropriate action against

                      the appellant is wholly misconceived and the same is therefore,

                      set aside.

                                   9. The present Letters Patent Appeal is hereby

                      allowed.

                                   10. Pending I.A., if any, stands disposed of.




                                                           (Sangam Kumar Sahoo, CJ)


                                                                   (Sudhir Singh, J)

ranjan/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.01.2026
Transmission Date       NA


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