Patna High Court
Baidyanath Mukhiya vs The State Of Bihar on 23 January, 2024
Author: Rajiv Roy
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.370 of 2022
In
Civil Writ Jurisdiction Case No.1746 of 2021
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Baidyanath Mukhiya Son of Lachho Mukhiya, Resident of Village- Kharrakh
Sarso, P.S.- Pandoul, District- Madhubani.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary of Education Department,
Bihar, Patna.
2. The Vice Chancellor, Lalit Narayan Mitihila University, Darbhanga.
3. The Registrar, Lalit Narayan Mithila University Darbhanga.
4. The Principal M.R.M. College, Lalbagh Darbhanga.
5. Sumirta Devi Wife of Girendra Mohan Prasad Mahtha, at present posted as
IVth grade Employee in M.R.M. College Lalbagh P.S.- Darbhanga Town,
District- Darbhanga.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Sanjeev Kumar Jha, Advocate
For the University : Mr. Binita Singh, Advocate
For the Respondent/s : Smt. Shilpa Singh, GA-12
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJIV ROY)
Date : 23-01-2024
The present appeal is directed against the order
dated 20.6.2022 passed by the learned Single Judge in C.W.J.C.
No. 1746 of 2021 by which the writ petition was dismissed.
2. In the writ petition, the appellant-petitioner
wanted annulment of the appointment of the respondent no.5,
Sumitra Devi who was serving as 4th grade employee in the
M.R.M. College, Lalbagh, Darbhanga on the ground that three
Patna High Court L.P.A No.370 of 2022 dt.23-01-2024
dates of entry into service can be found mentioned in her service
book as 01.02.1976, 17.02.1976 and 01.04.1977. It has been
averred that the salary fixation has been made taking into
account the date as 01.04.1977. According to the appellant-
petitioner, it was brought to the notice of the respondent no.4,
the Principal of the College on 25.4.2020 whereafter, the writ
petition was filed.
3. The matter was taken up by the learned Single
Judge and vide an order dated 20.6.2022, the writ petition was
dismissed. The relevant part of the order read as follows:
"The petitioner prays for directions to
be issued to the respondents to
conduct enquiry on the basis of a
representation made by one
Baidyananth 'Mukhiya' relating to
appointment of one Smt. Sumitra
Devi. The representation was made on
25th April, 2020.
The writ petition does not disclose as
to what further process was conducted
on the said representation and the
petitioner simply prays for directing
Patna High Court L.P.A No.370 of 2022 dt.23-01-2024
the authorities to set aside the illegal
appointment of respondent no.5.
Question regarding legality ad
illegality of appointment of
respondent no.5 alleged to have been
made on the basis of impersonation is
a matter required to be examined on
facts. The writ petition for such
purpose would not lie. The remedy
lies elsewhere.
The writ petition is accordingly
dismissed.
4. Learned counsel for the appellant-petitioner
submits that in view of three dates of entry, a doubt is naturally
created on the appointment of the respondent no.5, Sumitra
Devi and only after a proper inquiry, the truth about her
appointment will come out. He, however is unable to respond
to the query why almost 50 years was taken to challenge the
appointment of the lady-respondent no.5, a 4th grade employee
and the ulterior motive behind it cannot be ignored. In any
case, the writ Court rightly observed that remedy of the
appellant-petitioner lies elsewhere and not in a
Patna High Court L.P.A No.370 of 2022 dt.23-01-2024
writ petition.
5. The appeal is misconceived, we do not find any
error in the order dated 20.6.2022 passed by the learned Single
Judge in C.W.J.C. No. 1746 of 2021 and the same is accordingly
dismissed.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
Ravi/-
AFR/NAFR
CAV DATE
Uploading Date 29.01.2024
Transmission Date
