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SANJEEV PRAKASH SHARMA
Priyanka Kumari W/o Hari Shankar Kumar – Appellant
Versus
State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna – Respondent
JUDGMENT :
1. Heard the parties.
2. Considering the nature and urgency the issued involved in the case, arguments were heard at the initial stage itself. Learned Government Advocate was also agreed to submit his arguments orally.
3. The short point involved in the present matter is as to whether the State Appellant Authority can hear and decide an application filed directly to it for redressal of grievance of an employee in terms of Bihar State Teaching Institutions Teachers and Employee (Dispute Redressal And Appeal) Rules, 2020 (hereinafter referred to as the Rules, 2020).
4. The brief facts which require to be noted that the petitioner Priyanka Kumari filed an application under Rule 14 (A) read with 14 (B) of the Rules of 2020 before the State Appellate Authority seeking redressal of her grievance of extension of all due benefits of order of reinstatement. The State Appellate Authority did not register the case on the basis of an objection raised by their office that the application is not maintainable before it directly. The case was heard on the objections and the State Appellate Authority has held as under:-
The State Appellate Authority can hear appeals against interim orders of the District Appellate Authority, ensuring proper verification of documents before employment termination.
The District Teachers Employment Appellate Authority lacked jurisdiction to review its final orders, affirming that review power must be explicitly granted by statute. Any review attempt was invalid ....
The District Teachers Employment Appellate Authority cannot review its final decisions unless expressly authorized by statute.
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