Priyanka Kumari vs The State Of Bihar
2022 Latest Caselaw 2661 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5770 of 2022
     ======================================================

Priyanka Kumari W/o Hari Shankar Kumar, R/o Tara Niwas, Gachi Tola, Vishwanath Nagar, P.O. and P.S.- Nagar, Begusarai, District - Begusarai, Presently working as Block Teacher in Upgraded Middle School, Prakhand Colony, Cheriabariarpur, District- Begusarai.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Director Primary Education, Department of Education, Govt. of Bihar, Patna.

3. The District Education Officer, District- Begusarai.

4. The District Program Officer (Establishment), District - Begusarai.

5. The Block Development Officer-cum-Secretary Block Teachers Employment Unit, Block - Cheriabariarpur, District - Begusarai.

6. The Headmaster, Upgraded Middle School, Prakhand Colony, Cheriabariarpur, District- Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Avanindra Kumar Jha, Adv.,

For the State : Mr.Subash Chandra Mishra (Sc16) with Mr. Samir Kumar, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

C.A.V. JUDGMENT Date : 16-05-2022

1. Heard the parties.

2. Considering the nature and urgency the

issued involved in the case, arguments were heard at

the initial stage itself. Learned Government Advocate

was also agreed to submit his arguments orally. Patna High Court CWJC No.5770 of 2022 dt.16-05-2022

3. The short point involved in the present

matter is as to whether the State Appellant Authority

can hear and decide an application filed directly to it

for redressal of grievance of an employee in terms of

Bihar State Teaching Institutions Teachers and

Employee (Dispute Redressal And Appeal) Rules,

2020 (hereinafter referred to as the Rules, 2020).

4. The brief facts which require to be noted

that the petitioner Priyanka Kumari filed an

application under Rule 14 (A) read with 14 (B) of the

Rules of 2020 before the State Appellate Authority

seeking redressal of her grievance of extension of all

due benefits of order of reinstatement. The State

Appellate Authority did not register the case on the

basis of an objection raised by their office that the

application is not maintainable before it directly. The

case was heard on the objections and the State

Appellate Authority has held as under:-

"We thus hold that under the scheme of

the 2020 Rules this Court has been constituted

as the Appellant Forum/Authority. If any dispute

is filed directly before this court and entertained

and the lis is decided the litigants will lose the Patna High Court CWJC No.5770 of 2022 dt.16-05-2022

forum of an appeal as provided under 2020 Rules

which is not the intent of the Rules.

We accordingly uphold the objection

raised by the office and hold the present

application/appeal not maintainable before this

Court."

The writ petition has thus been preferred

before this Court.

5. Learned counsel submits that this Court

vide order dated 23.02.2022, passed in C.W.J.C. No.

5489 of 2020 (Suresh Ram Vrs. State of Bihar

& Ors.) had directed that the District Appellate

Authority shall adjudicate the disputes on merits and

if, there is any grievance further, the parties would

be entitled to take up the matter before the State

Appellate Authority. In Review Petition C.W.J.C. No.

34 of 2022 (Minakshi @ Sushre Minakshi & Anr.

Vrs. The State of Bihar & Ors.), it was held as

under:-

"2. It is informed by the learned counsel

for the petitioners that the State Appellate

Authority is not entertaining the petition directly

on the ground that it is an appellate forum. It is Patna High Court CWJC No.5770 of 2022 dt.16-05-2022

also informed that the State Government has not

formed the District Appellate Authority in several

districts and the District Appellate Authorities

are non-functional. It goes without saying that

the very purpose of the Rules of 2020 is to

provide alternative and efficacious remedy to the

teachers for quick redressal of their grievances

relating to their services. In circumstances

where the District Appellate Authority do not

function or the same has not been formed by the

State Government, the State Appellate Authority

which is the extension of the adjudicating

Authority powers given to the District Appellate

Authority, can not wash its hands off such cases

where the concerned teachers have approached

directly the State Appellate Authority for

redressal of his/her grievance in situations on

account of the District Appellate Authority being

non-functioning.

3. The concerned litigants will of-course

have to file an affidavit to the effect that the

District Appellate Authority is not functioning."

Patna High Court CWJC No.5770 of 2022 dt.16-05-2022

6. Learned counsel submits that in spite of

the aforesaid order passed by this Court, the State

Appellate Authority is not entertaining any

application directly and their office is also not

registering the applications. He further assail the

order passed by the State Appellate Authority and

submits that the reasoning adjudicated by the State

Appellate Authority goes contrary to the Judgment

passed by this Court and is otherwise also erroneous.

7. Learned counsel appearing for the State

has assisted the Court and fairly and candidly stated

that after going through the Rules, the provision of

Rule 14 of the Rules 2020 and the Judgment passed

by this Court in Minakshi @ Sushre Minakshi & Anr.

Vrs. The State of Bihar & Ors. (supra), the State

Appellate Authority could not have refused an

application filed before it directly.

8. While at the outset, this Court deems it

appropriate to observe that an order passed by the

High Court ought not be ignored and is required to

be followed. All authorities formed under any statute

judicial or quasi judicial are required to comply with Patna High Court CWJC No.5770 of 2022 dt.16-05-2022

the High Court's orders. A verdict of the High Court

cannot be ignored or sidelined by any quasi judicial

or judicial authority formed in the State. If, orders of

the High Court are ignored not only an atmosphere

of judicial confusion arises, but also it amounts to

judicial in-disable. It appears that the State Appellate

Authority did not find the Judgment passed by this

Court palatable and, therefore, it proceeded to

conveniently ignoring the order not only that it has

also proceeded to give its own interpretation to Rule

14 of the Rules, 2020.

9. Faced with the situation, this Court

although could have closed the matter directing the

State Appellate Authority to comply with the orders

passed by this Court in Minakshi @ Sushre Minakshi

& Anr. Vrs. The State of Bihar & Ors. (supra), but in

order to leave no doubt in mind, this Court deems it

appropriate to examine the true import of Rule 14 of

the Rules, 2020.

10. It would be apposite to quote Rule 14

which reads as under:-

Patna High Court CWJC No.5770 of 2022 dt.16-05-2022

"14. Powers and Function of State

Appellate Authority -

(A) The Authority shall not

ordinarily accept any application unless being

satisfied that the applicant has availed all the

alternative remedy available to him to resolve

the dispute under relevant provisions.

(B) The Authority shall not entertain the

application/ Complaints unless the same has

been filed within 30 days from the date of

passing of the final order. But the Authority will

have jurisdiction to condone the delay in filing

the appeal on the basis of

reasonable grounds.

(C ) The Authority shall hear the appeal

against the decision of District Appellate

Authority.

(D) The Authority shall hear the appeal

against the decisions of the Divisional level Fee

Regulation Committee constituted under Bihar

Private Schools (Fee Regulation) Act, 2019.

(E) The State Appellate Authority shall

have the same powers for enquiry of any matter

or hearing which has been vested in the Civil

Court under Civil Procedure Code, 1908. while Patna High Court CWJC No.5770 of 2022 dt.16-05-2022

adjudicating any dispute the following powers

shall be exercised :-

(i) To issue summons to ensure the

presence of the persons and to compel

them to produce evidence verbal or written

through affidavit or to produce the

documents/ record.

(ii) To search the record and to get

the same inspected.

(iii) To tender evidence on Oath.

(iv) To issue summons to produce

witnesses or record for inspection.

(F) The authority shall exercise the functions and

powers being entrusted by the Department from

time to time.

11. Rule 14 (A) deals with the situation where

any application is filed to the State Appellate

Authority for resolving the dispute after it is satisfied

that there is no alternate remedy available. The

authority is required to accept such application in

the ordinary course. Such application has to be

filed within the limitation period as prescribed under

Rule 14 (B) and if, it is delay, reasons have to be Patna High Court CWJC No.5770 of 2022 dt.16-05-2022

assigned which may be considered by the authorities

and the delay may be condoned on reasonable

grounds. Thus, Rule 14 (A) allows a method of

directly approaching the State Appellate Authority,

when no alternate remedy is available.

12. Apart from Rule 14 (A), !4(B), the authority

has been granted jurisdiction to hear appeals

against the decision of the District Appellate

Authority under Rule 14 (C). It also has the powers to

hear appeals against the decision of the Fee

Regulation Committee constituted under the Bihar

Private School Fee Regulation Act, 2019 under Rule

14 (D). The appeals preferred under Rule 14 (C) and

(D) are by way of right from the respective

adjudicating authority namely, the State Appellate

Authority and the Committee formed under the Act

of 2019 respectively.

13. Thus, Rule 14 has to be read in two parts,

one is 14 (A and 14 (B) in relation to applications to

be directly filed for resolving the dispute and Rule 14

(C) and 14 (D) which provide jurisdiction to the

authority to hear appeals.

Patna High Court CWJC No.5770 of 2022 dt.16-05-2022

Rule 14 (E) lays down the power of the State

Appellate Authority for enquiring into any matter or

hearing as akin to a Civil Court under CPC 1908.

Interpretation of the learned State Appellate

Authority of treating all the provisions of Rule 14

conjointly.

14. The views taken by State Appellate

Authority of considering it to be only an authority to

hear appeals is thus found to be an erroneous

interpretation. The word "application" is distinct from

word "appeal" while Rule 14 (A) and 14 (B) talks

about application/complaints, Rule 14 (C) and 14 (D)

mention the word "appeal".

15. It is settled law that while interpreting a

provision, the words mentioned in the statute have

to be read as it is. The word application cannot,

therefore, be read as an "appeal" nor the word

"appeal" can be read as an "application". They

are in two different forms. While appeal is defined as

per Black's Law Dictionary as a proceeding

undertaken to have a decision reconsidered by a

higher authority. Application has been defined as a Patna High Court CWJC No.5770 of 2022 dt.16-05-2022

request for petition. Thus, these are two different

forms and have to be read accordingly. The authority

has thus failed to exercise jurisdiction vested in it by

the Rules.

16. The order passed by the State Appellate

Authority dated 07.09.2021, therefore, is not

sustainable in law.

17. Even, otherwise once the High Court has

taken an interpretation and directed the State

Appellate Authority to entertain application directly

vide its Judgment dated 07.03.2022, passed in

C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre

Minakshi & Anr. Vrs. The State of Bihar & Ors.),

there was no occasion for the office of the State

Appellate Authority to raise objections relating to

entertaining of such applications.

18. Leaving the matter at the stage, it is now

directed that the writ petition is disposed of with

direction to the State Appellate Authority to examine

the application filed by the petitioner on merits and

decide the same expeditiously.

Patna High Court CWJC No.5770 of 2022 dt.16-05-2022

19. This Judgment shall be treated as

Judgment in rem. In other words, it shall be

applicable for all cases which may be filed before the

State Appellate Authority by way of an application. It

would be registered by them separately and in-

distinction to the appeals.

20. The writ petition is allowed accordingly.

(Sanjeev Prakash Sharma, J) pravinkumar/-

AFR/NAFR                A.F.R.
CAV DATE                10.05.2022
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