LATA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner challenges the order passed by the District Teachers Appointment Appellate Authority, Lahesriasarai. District- Darbhanga in Appeal Case no. 470 of 2009 being order dated 6.7.2010

(2.) Having heard learned counsel for the petitioner and learned counsel for the State, in view of the facts, which stands admitted, with their consent this case is being disposed of at this stage itself.

(3.) The petitioner was duly selected and appointed as Panchayat Teacher in the year 2007. One Madhu Kumari challenged her selection first before the Block Development Officer, who in terms of rule 18 of the Bihar Primary Panchayat Teacher (Appointment and Service of Condition) Rules, 2006 is the statutory authority to receive the complaint. Block Development Officer enquired into the matter and dismissed her complaint. The said Madhu Kumari then upon the Block Development Officer being replaced by the tribunal in the year 2009 filed the present appeal before the tribunal as also application before the Lokayukta, Bihar complaining about the same. The tribunal heard the matter and after examining the matter, by order dated 30.11.2008 dismissed her complaint once again though in the opinion of the Court the tribunal could not have entertained the complaint at all because it had earlier been dealt with by the Block Development Officer, who was the authority under Section 18 of the rules prior to the tribunal. Then pursuant to complaint, as made before the Lokayukta, office of Lokayukta asked the District Magistrate to enquire into the matter. The District Magistrate enquired into the matter and submitted a report that the selection of the petitioner was proper. Office of Lokayukta directed the tribunal to re-open the matter and re-hear the matter. It is pursuant to that the tribunal has reviewed its order and passed order dated 6.7.2010 by which the tribunal has now cancelled the appointment of the petitioner and directed one Priyanka Kumari, who was not even the applicant before the tribunal to be reinstated in place of the petitioner.