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2014 Supreme(Pat) 76

SHIVAJI PANDEY
Madhukala Kumari – Appellant
Versus
State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajeev Kumar Singh, Adv., Mr. Manoj Kumar, Adv., Miss Anjana Kumari, Adv.
For the State: Mr. A.K. Choudhary, AAG, Mr. Rajan Sahay, AC to AAG-13

Order

Heard learned counsel for the petitioner and learned counsel for the State.

2. In this case, the petitioner is challenging the order dated 27th April 2011 passed in Appeal No. 58 of 2009 by the District Teacher Employment Appellate Authority, Madhepura.

3. Order of Appellate Authority dated 27th April 2011 (Annexure-1) is in the shape of enquiry report, not in the shape of any order passed by the Appellate Authority.

4. It appears that a proceeding before the Appellate Authority started on the basis of letter dated 3rd March 2011 of District Superintendent of Education stating therein that the Hon’ble Lokayukta, Bihar Patna has asked the enquiry report on the allegation raised by one Bharti Kumari and one Kamlesh Kumar Mehta whereupon the case was registered by the District Teacher Appellate Authority, heard the parties, giving liberty to the parties to place their cases after that, it was found that the petitioner has wrongly been appointed against the post, as per the roster, was not meant for the petitioner and the enquiry report has been submitted for appropriate action.

5. Counsel for the petitioner submits that as per the Section 7(1)(b) of the Bihar Lokayukta Act, 1973, the














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