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Patna High Court

Saista PerweenversusAjay Yadav the State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner may withdraw the contempt application and may challenge the termination order before the appropriate forum.

Summary

The petitioner, Saista Perween, challenged the termination of her husband's services by the District Programme Officer, Literacy, Muzaffarpur, issued on 04-12-2025. The State argued that the earlier order dated 16-01-2025 in CWJC No.8272 of 2018 had been complied with, and that the petitioner could approach the appropriate forum if aggrieved. The petitioner sought permission to withdraw a contempt application and to contest the termination order before a suitable forum. The Court examined the compliance claim and the procedural propriety of the termination. It granted the petitioner's request, allowing the withdrawal of the contempt application and permitting her to assail the termination order in the appropriate forum. The order reflects the Court's view that the petitioner retains the right to seek redress through the correct legal channel.

Issues considered

  • Whether the petitioner may withdraw the contempt application filed against the State.
  • Whether the termination order dated 04-12-2025 is lawful and can be challenged.
  • Whether the petitioner has a remedy to approach an appropriate forum for the termination order.

Subjects

  • termination of service
  • civil writ jurisdiction
  • contempt of court
  • administrative order
  • remedial jurisdiction
  • withdrawal of application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2127 of 2025
                                                     In
                               Civil Writ Jurisdiction Case No.8272 of 2018
                 ======================================================
                 Saista Perween Wife of Md. Arif Azad Resident of Village-Turki Khararu
                 Dank Bangala, Post-Turki Khararu, P.S.- Minapur, Dist.-Muzaffarpur.

                                                                              ... ... Petitioner/s
                                              Versus
           1.    Ajay Yadav the State of Bihar through the Secretary, Department of
                 Education, Bihar, Patna.
           2.    Ram Bujhawan Chaudahry, the Director, Department of Secondary
                 Education, Government of Bihar, Patna.
           3.    Subrata Kumar Shen, the District Magistrate, Muzaffarpur.
           4.    Ajay Kuamr Singh, the District Education Officer, Muzaffarpur.
           5.    Manoj Kumar, the District Programme Officer, Muzaffarpur.
           6.    Bandana Kumari, the Block Education Officer, Minapur, Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Priyank Samdarshi, Adv.
                 For the Opposite Party/s :   Mr. AC to Advocate General 13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   06-02-2026                  1. Heard learned counsel for the petitioner and learned

                   AC to AAG-13.

                                2. Learned counsel appearing on behalf of the State

                   submits that the order dated 16.01.2025 in CWJC No.8272 of

                   2018 has been complied. The petitioner was given re-

                   engagement, and thereafter, his services was terminated by an

                   order dated 04.12.2025, contained in Memo No.766, issued by

                   the District Programme Officer, Literacy, Muzaffarpur. It is

                   further submitted that if petitioner is aggrieved by the order
             Patna High Court MJC No.2127 of 2025(4) dt.06-02-2026
                                                         2/2




                       dated 04.12.2025, contained in Memo No.766, in that event, he

                       has remedy of approaching an appropriate forum.

                                    3. Learned counsel appearing on behalf of the

                       petitioner, after some argument, seeks permission to withdraw

                       the contempt application with liberty to assail the order dated

                       04.12.2025, as contained in Memo No.766, issued by the

                       District     Programme         Officer,       Literacy,   Muzaffarpur   in

                       accordance with law before an appropriate forum.

                                    4. Permission is accorded.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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