Patna High Court
Kumari Gita Singh vs The State Of Bihar on 8 July, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10706 of 2025
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Kumari Gita Singh Wife of Sri Randhir Yadav Resident of Village-Gangapur,
P.O. Damodarpur, P.S. Shahpur in the District of Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Primary
Education, Government of Bihar, Patna.
2. The District Magistrate, Bhojpur.
3. The District Education Officer, Bhojpur.
4. The District Programme Officer, Bhojpur.
5. The Block Education Officer at Sahpur, Bhojpur.
6. The Director, Primary Education, Department of Primary Education,
Government of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Gopal Krishna, Advocate
For the Respondent/s : Mr. Manoj Kumar Ambastha, SC (26)
Mr. Divit Vinod, AC to SC 26
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 08-07-2025
Heard Mr. Gopal Krishna, learned counsel appearing
on behalf of the petitioner and Mr. Manoj Kumar Ambastha,
learned SC (26), along with Mr. Divit Vinod, learned AC to SC
26 for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought, inter alia, the following relief(s), which is
reproduced hereinafter:-
"1. That through the present writ
application, the petitioner has challenged the Letter No.
3105 (Estab) dated 24.04.2025 issued under the
signature of D.P.O. (Estab) (District Programme Officer,
Education), Bhojpur at Arrah whereby and whereunder
she has been directed to be removed from her post of a
Panchayat Teacher posted at Primary School, Marchaiya
Patna High Court CWJC No.10706 of 2025 dt.08-07-2025
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under Gram Panchayat of Lalu Ke Dera, and block
Shahpur in the district of Bhojpur. Her entire
remuneration, too, has been directed to be recovered in
the view of the ALLEGATION of getting the above
mentioned post by way of producing a fake and
manipulated testimonial of her Intermediate marksheet
issued by the Board of High School and Intermediate
Education, Uttar Pradesh; the petitioner, further, SEEKS
an immediate STAY of the above said Letter No. 3105
dated 24.04.2025 during the pendency of the writ
petition, and thereafter, the instant letter be set aside
after the responses of the respondents, in view of
ARBITRARINESS, INCONSISTENCY, INFIRMITY and
ILLEGALITY committed by the respondents, vide the
Letter No. 3105 (Estab) dated 24.04.2025 by D.P.O.
(Education), Bhojpur as an Annexure to this
application."
3. Learned counsel appearing on behalf of petitioner
submits that the petitioner is aggrieved by the action of the
Headmaster, Primary School, Marchaiya under Gram
Panchayat, Lalu Ke Dera, Block- Shahpur, District- Bhojpur,
who has stopped her from attending the school and her salary
has been stopped by the authorized clerk in light of
communication made by the District Programme Officer,
Establishment, Bhojpur to the Panchayat Sachiv of the
Appointment Unit, Gram Panchayat, Lalu Ke Dera, Block-
Shahpur, District- Bhojpur, alleging therein that the petitioner
was appointed on the post of panchayat teacher by way of
producing a fake and manipulated testimonial of her
Intermediate mark-sheet issued by the Board of High School
and Intermediate Education, Uttar Pradesh. Petitioner admits
that the order contained in Letter no.3105 (Establishment) dated
Patna High Court CWJC No.10706 of 2025 dt.08-07-2025
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25.04.2025
(Annexure P/1) was only communicated to the
Panchayat Sachiv and its copy was communicated to the
Headmaster, authorized clerk, Block Development Officer,
Block Education Officer concerned and Police In-charge - cum
- Assistant Inquiry Officer, Bhojpur, Vigilance Investigation
Bureau, Patna, Bihar. Based on such communication, penal
action taken against the petitioner by the Headmaster of the
school without issuing any show cause and without providing
her minimum opportunity to explain is against the principal of
natural justice. Learned counsel further submitted that the
petitioner has already been granted anticipatory bail in the
vigilance case.
4. The rule of natural justice requires the gist of
accusation to be communicated to the affected parties and in the
present case, it has been contended on behalf of the petitioner
that the same has not been given to the petitioner and orally the
Headmaster of the school had proceeded to restrain the
petitioner from attending the school, as a consequence of which,
the petitioner's salary has also been stopped in absence of
absentee sent to the concerned District Education Officer.
5. The petitioner, being aggrieved, has filed the
present writ petition and to show her genuineness, the petitioner
Patna High Court CWJC No.10706 of 2025 dt.08-07-2025
has brought on record her certificate no. 1436521, issued by
the Board of High School and Intermediate Education, Uttar
Pradesh, in respect of intermediate examination, held in the year
2006, in which the petitioner stood successful by obtaining first
division. The petitioner has given information that the date of
publication of the result of intermediate examination is
09.06.2006 and she was appointed on 06.12.2006 on the post of
Panchayat teacher. The original certificate, which the petitioner
has relied on, has been brought on record by way of Annexure
P/ 2 series. The petitioner has obtained a copy of certificate
(Annexure P/5), which was collected by the Investigation
Bureau and in course of investigation and comparing the said
certificate with the original certificate (Annexure P/2 series), it
was found that the marks allegedly obtained by the petitioner is
366 out of total 500 marks and she passed in first division,
whereas, the mark-sheet, which the petitioner claims that she
had produced at the time of her selection, which was also issued
on 09.06.2006, shows that she had obtained 304 marks out of
total 500 marks. It is a well settled principal of law that in case
of disputed question of fact, as it would appear from the
certificates, which have been brought on record in the present
writ petition, this Court is constrained to examine the
Patna High Court CWJC No.10706 of 2025 dt.08-07-2025
genuineness of the same and to hold that the information given
by the petitioner that the certificate issued on 09.06.2006 by the
Board of High School and Intermediate Education, Uttar
Pradesh, held in the year 2006, bearing certificate number
1436521, was furnished by her on the date of counseling.
6. This Court finds that before such verification is
done by the Investigation Bureau in light of communication
made by the District Programme Officer, Establishment,
Bhojpur, the action of the Headmaster of the school, insofar as
restraining the petitioner from attending the school without
issuing any show cause and containing any gist of accusation,
can be held to be without jurisdiction. The action of the
headmaster and the clerk of the school insofar as restraining the
petitioner is against the service conditions rules. The
Headmaster of the school, who is not the disciplinary authority,
has acted without authority of law, is directed to allow the
petitioner to attend the school, and not stop her in performing
her duty in anticipation and disciplinary action to be taken
against her in future.
7. The action of the District Programme Officer,
Establishment, Bhojpur insofar as directing the Headmaster to
restrain the petitioner vide memo No.3105 dated 25.05.2025 to
Patna High Court CWJC No.10706 of 2025 dt.08-07-2025
attend the school, is also without jurisdiction, in want of
disciplinary proceeding/action taken against the petitioner.
8. Accordingly, the present writ petition stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.07.2025
Transmission Date NA
