Sudhihar Kumar vs The State Of Bihar
2023 Latest Caselaw 5458 Patna

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Letters Patent Appeal No.833 of 2019
                                      In
                Civil Writ Jurisdiction Case No.17775 of 2015
     ======================================================

1. Sudhihar Kumar son of Ruplal Mahto resident of Village- Aliganj, P.O.-

Aliganj, P.S.- Sikandara, District- Jamui Bihar.

2. Diwakar Kumar resident of Village- Malikpur, P.S.- Naimdarganj, P.S. Akbarpur, District- Nawadah, Bihar.

3. Rajendra Prasad son of Chhotu Prasad resident of Village- Hudrahi, P.O.-

Makhar, P.S.- Akbarpur, District- Nawadah, Bihar.

4. Ravindra Kumar son of Rambriksha Yadav resident of Village- Akaunadih, P.O. Akaunadih, P.S. Muffassil, District- Nawadah, Bihar.

5. Rinki Kumari Daughter of Lakshman Prasad Yadav resident of Village-

Nandlal Bigha, P.O.- Farha, District- Nawadah, Bihar.

6. Nilam Kumari Daughter of Naresh Pandit resident of Village- Teli Tolapar Nawadah, P.S. Nawadah, District- Nawadah, Bihar.

7. Rina Kumari Daughter of Dhirendra Ram resident of Village- Kolhuawar, P.O.- Itpakwa, P.S.- Kauakol, District- Nawadah, Bihar.

8. Rita Kumari Daughter of Ram Chandra Prasad resident of Village and P.O.-

Fatehpur, P.S.- Akbarpur, District- Nawadah, Bihar.

9. Pankaj Kumar son of Bijay Chaudhary resident of Village- Prasad Bigha, Nawadah, P.S.- Nawadah, District- Nawadah, Bihar.

10. Saista Khatoon Daughter of Md. Sakil Ahmad resident of Village-

Gondapur, P.O.- Gondapur, P.S.- Nawadah, District- Nawadah, Bihar.

11. Ram Pravesh Kumar Son of Shankar Mahto resident of Village- Darkha, P.O.- Darkha, P.S. Sikandara, District- Jamui, Bihar.

... ... Appellant/s Versus

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

2. The Principal Secretary, Department of Education, Government of Bihar, Patna.

3. The Director, Department of Education, Government of Bihar, Patna.

4. The District Magistrate, Nawadah.

5. The District Teachers Appointment Appellate Authority, Nawadah through its Member Secretary.

6. The Presiding Officer, District Teachers Appointment Appellate Authority, Nawadah.

7. The Selection Committee of Panchayat Samiti, Akbarpur, Nawadah, Patna High Court L.P.A No.833 of 2019 dt.31-10-2023

District- Nawadah.

8. The Block Development Officer, Akbarpur Cum Executive Officer, Block Panchayat Samiti, Akbarpur, Nawadah, District- Nawadah.

9. The Block Education Officer, Akbarpur Block, Akbarpur, Nawadah.

10. Sharvan Kumar son of Ram Narain Singh resident of Village- Bahadurpur, P.O.- Bahadurpur, District- Nawadah Bihar.

11. Ramji Prasad son of Late Ganga Mahto resident of Village- Kena, P.S.-

Muffassil, District- Nawadah, Bihar.

12. Purusottam Kumar son of Girijanandan Singh resident of Village- Gopalpur, P.S.- Akbarpur, District- Nawadah, Bihar.

13. Yogendra Prasad son of Achutanand Singh resident of Village- Rame, P.S.-

Nadriganj, District- Nawadah, Bihar.

14. Arvind Kumar son of Nawal Kishore Prasad resident of Village- Gopalpur, P.S. Akbarpur, District- Nawadah, Bihar.

15. Arun Kumar Verma son of Shyam Sundar Prasad Singh resident of Village-

Hirdayabigha, P.S.- Harnaut, District- Nalanda, Bihar.

16. Ajay Kumar Singh son of Awadhesh Kumar Singh resident of Village-

Sikhar, P.S. Muffassil, District- Nawadah, Bihar.

17. Moti Prasad son of Lakhan Prasad resident of Village- Nardiganj, P.S. Nardiganj, District- Nawadah, Bihar.

18. Jagdeo Prasad son of Ram Chandra Prasad resident of Village- Akaurh, P.S.-

Chandi, District- Nalanda, Bihar.

19. Sunil Kumar son of Badri Singh resident of Village- Malikpur, P.S.-

Akbarpur, District- Nawadah, Bihar.

20. Shailendra Kumar son of Kedar Nath Singh resident of Village- Gonawan, P.S.- Nawadah, District- Nawadah, Bihar.

21. Prasidh Kumar son of Ramdhani Singh resident of Village- Dhansura, P.S.-

Bathani, District- Nawadah, Bihar.

22. Singeshwar Prasad Singh son of Sri Sheo Prasad Singh resident of Village-

Singh Koki Bhawar Pokhar, P.O.- Patna, P.S.- Patna Sadar, District- Patna, Bihar.

23. Birju Prasad son of Late Ishwar Mahto resident of Village- Dharampura, P.S.- Chandi, District- Nawadah, Bihar.

24. Anil Pandey son of Kapildeo Pandey resident of Village- Handia, P.S.-

Nadriganj, District- Nawadah, Bihar.

25. Shambhu Sharan son of Arjun Singh resident of Village- Gopalpur, P.S. Akbarpur, District- Nawadah, Bihar.

26. Mahesh Prasad Singh son of Muni Singh resident of Village- Narhat, P.S. Narhat, District- Nawadah, Bihar.

27. Nawal Kishore Pandey son of Mahendra Kishore Pandey resident of Village-

Narhat, P.S.- Narhat, District- Nawadah, Bihar. Patna High Court L.P.A No.833 of 2019 dt.31-10-2023

28. Birendra Kumar Sinha son of Gauri Shankar Prasad resident of Village-

Khapura, P.S. Mamo, District- Nawadah, Bihar.

29. Anuj Prasad son of Rajendra Prasad resident of Village- Hasepur, P.S. Osari, District- Nawadah, Bihar.

30. Ravindra Kumar son of Kedar Nath Singh resident of Village- Gonawan, P.S. Muffasil, District- Nawadah, Bihar.

31. Uday Prasad Singh son of Rajendra Prasad Singh resident of Village-

Gopalpur, P.S. Akbarpur, District- Nawadah, Bihar.

32. Sanjeev Kumar son of Ram Naresh resident of Village- New Area Nawadah, P.O. and P.S.- Nawadah, District- Nawadah, Bihar.

33. Pramod Kumar son of Late Gita Singh resident of Village- Gopalpur, P.S.-

Akbarpur, District- Nawadah, Bihar.

34. Jinnat Bano daughter of Sabir Ahmed resident of Village- Mirja Tola, P.S.-

Bundelkhand, District- Nawadah, Bihar.

35. Shahabuddin son of Abdul Rauf Warsi resident of Village- Akbarpur, P.S. Akbarpur, District- Nawadah, Bihar.

36. Sahnaj Khatoon daughter of Md. Salimuddin resident of Village- Akbarpur, P.O.- Rajhat, P.S.- Akbarpur, District- Nawadah, Bihar.

37. Gyasuddin son of Md. Salimuddin resident of Village- Akbarpur, P.O.-

Rajhat, P.S.- Akbarpur, District- Nawadah, Bihar.

38. Shabana Naaz daughter of Md. Idan resident of Village- Akbarpur, P.S.-

Akbarpur, District- Nawadah, Bihar.

39. Wakil Ahmed son of Imamuddin resident of Village- Akbarpur, P.S.-

Akbarpur, District- Nawadah, Bihar.

40. Kumar Jabin son of Nazmul Hoda resident of Village- Akbarpur, P.S.-

Akbarpur, District- Nawadah, Bihar.

41. Gajala Shahin daughter of Md. Mejamuddin resident of Village- Mahisauri, Ward No.13, P.O. and P.S.- Jamui, District- Jamui, Bihar.

42. Afsar Ali son of Md. Siyakul resident of Village- Bari Dargah, P.S.-

Bundelkhand, District- Nawadah, Bihar.

43. Shahin Parween daughter of Md. Abdul Hasan resident of Village- Mansagar Patori, P.O.- Fuldih, P.S.- Kauwakol, District- Nawadah, Bihar.

44. Kamaluddin @ Amlauddin son of Abdul Rauf Warsi resident of Village-

Akbarpur, P.O.- Rajhat, P.S. Akbarpur, District- Nawadah, Bihar.

45. Ishrat Bano daughter of Md. Islam resident of Village- Akbarpur, P.O.-

Rajhat, P.S.- Akbarpur, District- Nawadah, Bihar.

46. Farhat Naaz daughter of Md. Kamruddin Ansari resident of Village- Rasul Nagar, Gendpur, P.S. Nawadah, District- Nawadah, Bihar.

47. Sunila Kumari daughter of Ram Janam Singh Chauhan resident of Village-

Maropur, P.S.- Akbarpur, District- Nawadah, Bihar.

48. Pramila Kumari daughter of Hari Nandan Prasad resident of Village- Patna High Court L.P.A No.833 of 2019 dt.31-10-2023

Amawan, P.S.- Rajauli, District- Nawadah, Bihar.

49. Priyanka Kumari daughter of Shashi Bhushan Sharma resident of Village-

Ohari, P.O.- Ohari, P.S.- Nawadah, District- Nawadah, Bihar.

50. Sarita Kumari daughter of Sheolal Paswan resident of Village- Daudpur, P.O.- Fatehpur, P.S. Akbarpur, District- Nawadah, Bihar.

51. Suchita Kumari daughter of Indradeo Prasad resident of Village and P.O.-

Amba, P.S.- Akbarpur, District- Nawadah, Bihar.

52. Rubi Kumari daughter of Shri Deo Naraian Upadhyay resident of Village and P.O.- Poaari, P.S. Harnaut, District- Nawadah, Bihar.

53. Ratan Kumar son of Arjun Chaudhary resident of Village- Barauli, P.S. Narhat, District- Nawadah, Bihar.

54. Sanjeev Kumar son of Kedar Singh resident of Village- Hasda, P.O.-

Badhauna, P.S.- Hisua, District- Nawadah, Bihar.

55. Nrimala Kumari daughter of Kaushendra Kumar resident of Village- Warat, P.O.- Saraye, P.S.- District- Nawadah, Bihar.

56. Sindhu Rani wife of Ram Anugrah Singh resident of Village- Orahanpur, P.S.- Nawadah, District- Nawadah, Bihar.

57. Seema Kumari Daughter of Ramlagan Singh resident of Village- Baksanda, P.S. Akbarpur, District- Nawadah, Bihar.

58. Baby Kumari Daughte of Dasrath Chaudhary resident of Village- Sanokhara, P.S. Akbarpur, District- Nawadah, Bihar.

59. Arvind Kumar son of Janki Ram resident of Village- Gangta, P.S. Warsaliganj, District- Nawadah, Bihar.

60. Usha Kumari daughter of Badri Pandit resident of Village- Gondapur, P.O. and P.S.- Nawadah, District- Nawadah, Bihar.

61. Ravindra Prasad son of Late Raghunandan Prasad resident of Village-

Bhobhi, P.O.- Sasraudha, P.S.- Nagarnausa, District- Nawadah, Bihar.

62. Rita Kumari daughter of Jagdish Prasad resident of Village- Makdanbigha, P.S.- Chandi, District- Nalanda, Bihar.

63. Manorama Kumari daughter of Surendra Kumar resident of Village- Pokhar, P.S.- Akbarpur, District- Nawadah, Bihar.

64. Simpal Kumari daughter of Parmeshwar Ram resident of Village- Malikpur, P.O.- Nemdarganj, P.S.- Akbarpur, District- Nawadah, Bihar.

65. Nisha Sinha daughter of Anil Kumar resident of Village and P.O.- Maldah, P.S.- Barbigha, District- Sheikhpura, Bihar.

66. Kanchan Kumari daughter of Surendra Kumar resident of Village- Chiraiya, P.O.- Samwe, P.S.- Warsaliganj, District- Nawadah, Bihar.

67. Niwesh Kumar son of Sri Pankaj Kumar Singh resident of Village and P.O.-

Bajardih, P.S.- Jamui, District- Bihar.

68. Puja Kumari daughter of Jai Prakash Singh resident of Village- Koriauna, P.S.- Sailao, District- Nalanda, Bihar.

Patna High Court L.P.A No.833 of 2019 dt.31-10-2023

69. Shyam Sundar Kumar Yadav son of Mabir Prasad Yadav resident of Village-

Pokhar, P.S. Akbarpur, District- Nawadah, Bihar.

70. Anil Chaudhary son of Sri Bandhu Chaudhary resident of Village-

Samraitha, P.O.- Samrig, P.S.- Nawadah, District- Nawadah, Bihar.

71. Pushplata Kumari daughter of Dwarika Prasad resident of Village- Mahuli, P.O.- Sisma, P.S. Nawadah, District- Nawadah, Bihar.

72. Ranjeet Kumar son of Mahesh Prasad Singh resident of Village and P.O.-

Narhat, P.S.- Narhat, District- Nawadah, Bihar.

73. Rubi Kumari wife of Sita Ram resident of Village- Mahabra, P.S. Govindpur, District- Nawadah, Bihar.

74. Uday Prabhakar son of Madan Mohan Pandey resident of Village- Angar, P.S. Ekangarsarai, District- Nalanda, Bihar.

75. Arjun Chaudhary son of Narayan Chaudhary resident of Village- Mahuar Khurd, P.O.- Shandhi, P.S.- Buniyadganj, District- Gaya, Bihar.

76. Smita Kumari Daughter of Sri Sagar Mistri resident of Village and P.O.-

Mongal Kuan, P.S.- Biharsharif, District- Nalanda, Bihar.

77. Rakesh Kumar son of Umesh Prasad Sharma resident of Village- Ashta, P.O.- Ashta, P.S.- Tharthari, District- Nalanda Bihar.

78. Sunita Kumari daughter of Sita Ram resident of Village- Mahavra, P.S.-

Govindpur, District- Nawadah, Bihar.

79. Ajay Kumar son of Sri Bhola Singh resident of Village- Siuar, P.O.- Siuar, P.S. Roh, District- Nawadah, Bihar.

80. Rajnish Kumar son of Arvind Prasad Singh resident of Village- Samrigarh, P.O.- Samrigarh, P.S.- Govindpur, District- Nawadah, Bihar.

81. Uday Ram son of Ramjit Ram resident of Village- Sishar, P.S.- Muffasil, District- Gaya, Bihar.

82. Aditya Narain Singh son of Shiv Nandan Singh resident of Village- Sevaiya, Gopalpur, P.S. Akbarpur, District- Nawadah, Bihar.

83. Sushila Kumari daughter of Narain Prasad Singh resident of Village-

Jalalpur, Gunjachak, P.S.- Chandi, District- Nalanda, Bihar.

84. Kushum Lata daughter of Krishnakant Chaudhary resident of Village-

Mosma, P.S.- Warsaliganj, District- Nawadah, Bihar.

85. Karyanand Kumar son of Dayanand Singh resident of Village and P.O.-

Sangma, P.S. Aliganj, District- Jamui, Bihar.

86. Arun Ravidas son of Preman Ravidas resident of Village- Dariyapur, P.O.-

Dariyapur, P.S. Warsaliganj, District- Nawadah, Bihar.

87. Sanjay Kumar son of Ramautar Prasad resident of Village- Bishay Bigha, P.S. Ekangarsarai, District- Nalanda, Bihar.

88. Kumari Anamika daughter of Ravindra Prasad resident of Village-

Bhagwanpur, P.S. Chandi, District- Nalanda, Bihar.

89. Pramila Kumari daughter of Harinandan Prasad Amawan resident of Village- Patna High Court L.P.A No.833 of 2019 dt.31-10-2023

Rajauli, P.S.- Rajauli, District- Nawadah, Bihar.

90. Satish Kumar son of Ramesh Prasad resident of Village- Bhadauni, P.S.-

Nawadah, District- Nawadah, Bihar.

91. Rabindra Prasad son of not known Ex- Block Education Officer, Block-

Akbarpur, District- Nawadah at present residing at near Naulakha Mandir, Buxar, P.O. and P.S.- Buxar, District- Buxar, Bihar.

92. Renu Devi daughter of Late Lalan Singh, wife of Pradeep Singh Pramukh cum Chairman, Teachers Employment Committee, Prakhand- Akbarpur, District- Nawadah, Bihar.

93. Anant Kumar son of not known, Ex Block Education Officer, Block-

Akbarpur, District- Nawadah, at present Block Education Officer, Block- Nawanagar, District- Buxar, Bihar.

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

For the Appellant/s : Mr. Ashok Kumar, Sr. Advocate For the Respondent/s : Mr. Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 31-10-2023

The bone of contention is a selection of teachers

pertaining to the employment unit, Akbarpur, Block- Akbarpur,

District-Nawada which had been subject to a series of litigation.

The impugned judgment, in the last of such challenge,

remanded the matter to the District Teachers Employment

Appellate Authority, Nawada after setting aside the order dated

28.09.2015 passed by the said authority. An opportunity of

hearing was also directed to be given to the respective parties.

Patna High Court L.P.A No.833 of 2019 dt.31-10-2023

2. We cannot, but notice that the order was passed

with the consent of all the parties. The learned Senior Counsel

for the appellants, however, asserted that the consent was only

with respect to disposal of the writ petition at the admission

stage. When the writ petition was pending, another learned

Single Judge had directed an enquiry by the Vigilance, which

enquiry had revealed rigging and manipulations with regard to

the selection and appointment of block teachers. In fact, by

order dated 07.02.2018, the learned Single Judge had also

recorded that no payment of even a rupee should be made to the

persons selected, in which event it will be treated as

embezzlement of Government fund as well as contempt of this

Court. The learned Senior Counsel also asserted that there was

an F.I.R. registered by the vigilance unit and a charge-sheet filed

which has been taken cognizance of by the jurisdictional Court.

3. Insofar as the consent recorded by the learned

Single Judge and the argument against it, we cannot accept the

contention of the learned Senior Counsel for the appellants. The

very contention taken in the appeal at Ground No. 11 was that

there was "an error of record and in as much as the appellants-

writ petitioners never accorded any consent to pass an order of

remand" (sic). Another Division Bench of this Court in this Patna High Court L.P.A No.833 of 2019 dt.31-10-2023

appeal by Order No. 3 dated 13.09.2019 noticed the contention

and observed that the appellants could raise the issue through a

Review Petition before the learned Single Judge and approach

this Court after orders are passed therein. A review was filed as

C. Rev. 320 of 2019 which, however, was withdrawn, seeking

opportunity to approach the District Teachers Employment

Appellate Authority. This in fact is a reaffirmation of the desire

of the appellants/ petitioners/ review petitioners to agitate their

cause before the Appellate Authority; and validates the consent

recorded at the initial disposal of the writ petition.

4. We find absolutely no reason to accept the

contention of the learned Senior Counsel that the consent was

only with respect to the disposal of the writ petition at the

admission stage itself. The writ petition itself was filed in the

year 2015 and the impugned judgment was passed on

19.06.2019, after four years. Further, no such specific ground

has been taken in the appeal or even in the review petition. The

appellants, hence have been prevaricating and there is an

amount of dishonesty in having taken such contrary stances at

different stages of the present litigation.

5. In fact, the selection which is the subject matter of

the appeal in the writ petition was embroiled in a lot of Patna High Court L.P.A No.833 of 2019 dt.31-10-2023

controversy. One of the Selection Committee member's herself

had taken up the matter in a writ petition, which was withdrawn,

as is evident from Annexure-2. The candidates had also

approached this Court on an earlier occasion which writ petition

was also withdrawn, as per Annexure-3 on the observation that

they would require to approach the District Teachers Appellate

Tribunal, Nawada for redressal of their grievances. Again the

very same persons who filed the writ petition, which was

disposed of by Annexure-3, filed another writ petition wherein

the learned Single Judge had directed the letter issued by the

Education Department produced at Annexure-4 to be

scrupulously complied with. Annexure-4 produced in that writ

petition was with respect to the vacancies existing after the

subject selection was conducted. 'Ninety-four' posts were

notified and there were 'Eighty-four' posts on which dispute

was raised. The communication of the department was only with

respect to ensuring that those posts are not filled up in the

subsequent selections.

6. The selection though conducted and the

counseling completed, no appointments were made at which

point, some of the party respondents herein initiated a

proceeding before the Teachers Appellate Authority, which was Patna High Court L.P.A No.833 of 2019 dt.31-10-2023

disposed of by Annexure-5. Annexure-5 order of the District

Teachers Appellate Authority directed the appointments to be

made in accordance with the 2008 guidelines. A further writ

petition filed before this Court was disposed of by Annexure-10,

dated 31.07.2014. Therein, the employment agency was directed

to comply with the orders of the Appellate Authority and

directions of the District Education Officer. It was also held that

the writ petitioners would be at liberty to move the Appellate

Authority to take steps under the rules for compliance of its

orders within a time frame.

7. Later to this, some of the candidates who asserted

that they were selected to the post of Panchayat Teachers, but

not appointed, approached this Court in CWJC. 8816 of 2013.

By Annexure-7, the writ petition was disposed of on 14.07.2015

noticing the statutory alternate remedy before the District

Teacher Employment Appellate Authority. It is pursuant to

Annexure-7 order of this Court that some of the petitioners

therein along with others filed Appeal No. 16 of 2015 before

the Appellate Authority, which was dismissed by Annexure-9.

8. We extract the translation of the order at Annexure-9:

Annexure-9

Office. District Teacher Niyojan (Employment) Patna High Court L.P.A No.833 of 2019 dt.31-10-2023

Appellate Authority.

Nawada

Appeal No.- 16/15

Order

Renu Kumari. Jitendra Kumar Das and other 25 appellants presented their appeal with their selection letter before the Authority and it is their prayer that by admitting the appeal, they may be given appointment letter after calling for merit list and appointment done by the Niyojan (Employment) Unit.

The appellants produced their appeal with the photocopies of their selection letter as well as the order of the Hon'ble High Court. The original copy of that list is not available and the appellants were directed to give an affidavit regarding where the original copy of their list is. Renu Kumari, in her affidavit submitted that she had received the photocopy of the original from Anant Kumar, the then Block Education Officer. Since the appellants had come to the Authority with their selection letter, in the hearing of Appeal No. 65/2014 by the Authority, original copy was demanded for verification since the Niyojan (Employment) Unit had the photocopies of three 3 types of list. Upon the perusal of the list produced by Anant Kumar, it appears that the names of appellants are not there. Taking it seriously, the Block Education Officer and Secretary were directed to explain the situations in which such discrepancies occurred in the scanned photostat but it is indisputable that there is no original copy of the list from which the appellants were selected and this discrepancy is related to the signature of the same person on the same date on the photostat of these three lists. Till now, the photostat which bears the original ink signature of the those persons has been considered admissible by the Authority. In this condition, the present appeal does not deserve consideration because there is no original copy of the photocopy of the merit list. This is a matter of investigation and revelation that without merit list, under what circumstances, selection letters were issued and for the same, orders have been issued by the Authority to initiate legal proceedings. Secretary, Niyojan (Employment) Unit and Block Education Officer are directed to apprise the Patna High Court L.P.A No.833 of 2019 dt.31-10-2023

Authority of legal action in this regard.

The appeal is not worth considering. The appeal is set aside.

Sd/-

28.09.2015 (A.K. Shrivastava) Presiding Officer District Teacher Employment Appellate Authority, Nawada

9. The above order is set aside and the appeal is now

restored to the files of the Appellate Authority by the impugned

judgment; which was also, as earlier noticed by us, on consent

of all the parties. Though the appellants now deny consent

having been given, we have already found that there is an

element of dishonesty in the statements so made, by the

appellants. In any event, it may not be proper for this Court

under Article 226 of the Constitution of India to go into the

facts, especially when there is a fact finding authority, statutorily

constituted to go into the issues agitated. Much has been argued

about the vigilance enquiry conducted, the F.I.R. registered, the

charge filed and the cognizance taken by the competent

Criminal Court. We would be stating the obvious while

observing that neither the registration of the F.I.R., the filing of

the charge or the cognizance taken by the Criminal Court would

establish the guilt of the accused now arrayed in the case. The Patna High Court L.P.A No.833 of 2019 dt.31-10-2023

appellants would also be entitled to seek the findings of the

vigilance enquiry to be brought before the Appellate Authority;

the veracity of which could be looked into by the Appellate

Authority. We, hence find absolutely no reason to interfere with

the order of remand.

10. The learned Counsel appearing for the party

respondents, however, would submit that they had been

continuing without salary for long. The stay of disbursement of

salary was ordered by a learned Single Judge, especially looking

at the Vigilance Enquiry Report which is also on a prima facie

consideration. In the above circumstances, when there is a

remand made, it is only proper that the disbursement of salary

would also be subject to the finding of the Appellate Authority,

to which the case has been remanded.

11. We make it clear that the observations in the

orders passed in the writ petition or this judgment in appeal; but

for the directions herein above, would not regulate the

consideration of the subject matter by the Appellate Authority.

The appellants and the respondents herein, will appear before

the District Teachers Appellate Authority, Nawada on

28.11.2023. If the respondents are not made a party, they would

be impleaded. The District Teachers Appellate Authority would Patna High Court L.P.A No.833 of 2019 dt.31-10-2023

consider the issue and dispose of the same as expeditiously as

possible, especially considering the fact that those appointed are

denied of their salaries. We also observe that it would be the

responsibility of the authorities to establish that the selection

conducted was fair and valid on the basis of the records

maintained.

12. The L.P.A. stands dismissed with the further

directions herein above to the District Teachers Appellate

Authority, Nawada. Parties are left to suffer their respective

costs.

(K. Vinod Chandran, CJ)

( Rajiv Roy, J) Anushka/-

AFR/NAFR
CAV DATE
Uploading Date          06.11.2023
Transmission Date