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SANJEEV PRAKASH SHARMA
Amresh Kumar S/o Raja Yadav – Appellant
Versus
State of Bihar – Respondent
ORDER :
1. The Chief Secretary as well as the Additional Chief Secretary, Education are present along with the Advocate General who has placed on record the orders, by which the concerned Presiding Officer for the various District Appellate Authorities has been notified.
2. It is now expected that the concerned District Appellate Authorities shall become functional and the complete infrastructure is provided to them, if the same is lacking. Now, the State Appellate Authority which had been entertaining the petitions directly relating to issues, which can be examined by the respective District Appellate Authorities, in view of the judgment passed by this Court in the case of Suresh Ram vs. State of Bihar, 2022 (2) PLJR 80 : 2022 (2) BLJ 381 in CWJC No. 5489 of 2020, may in the judicial discretion remand those cases to the concerned District Appellate Authorities for adjudication.
3. I shall akin to the present petition, there are appeals which were filed in the concerned District Appellate Authorities but could not be taken up on account of the lack of the presiding officers. This Court directs that now the concerned District Appellate Authorities, which have become functional shall ta
The main legal principle established is the directive for the establishment and functioning of District Appellate Authorities for expeditious disposal of pending appeals, with the option for remand o....
The Court emphasized the need for prompt action by state authorities in compliance with administrative orders.
The jurisdiction of the District Appellate Authority can be challenged, with resolution of managing committee disputes designated to the Director Academy, emphasizing the necessity of fair hearings.
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.
The State Appellate Authority can hear appeals against interim orders of the District Appellate Authority, ensuring proper verification of documents before employment termination.
The Court refrained from passing any order due to the pendency of a similar issue before the Apex Court.
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