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ALOK KUMAR SINHA
Mamta Kumari – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Sinha, J.—Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents.
2. The present writ application has been filed with a prayer for grant of the following reliefs:—
(i) I. For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 14.07.2017 passed in Appeal No. 56/2017 by the Chairperson of the learned State Appellate Authority, Patna filed by the petitioner, by which the learned State Appellate Authority, Patna has been pleased to disallow the said appeal without appreciating the entire facts of the present case, and also for quashing the order dated 28.02.2017 passed in Appeal Case No. 33/2016 by the learned Presiding Officer, i.e. District Teachers Employment Appellate Authority, Saran of the Appellate Authority filed by Shilpi, Daughter of Vinod Kumar, Resident of village-Bahuarapatti, Nagra, Marhawrah, District- Saran (Applicant vs. Mukhiya/Panchayat Secretary, Gram Panchayat Raj Bahuara Patti & Mamta Kumari) by which he has passed the order on 28.02.2017 mentioning therein that Appeal No. 33/2016 filed by applicant, Shilpi Kumari is being accepted and Selection Committee has been directed
A foundational order must be challenged for associated appellate orders to be contested; otherwise, the writ application is not maintainable.
The District Teachers Employment Appellate Authority lacks jurisdiction to review decisions made by the Block Development Officer, reaffirming the principle of jurisdiction in employment matters.
The court emphasized exhausting administrative remedies before seeking writ relief in employment disputes.
Administrative discretion must comply with procedural fairness and jurisdictional limits.
The main legal point established in the judgment is the illegality of appointments made by the Panchayat Employment Committee, the entitlement of the writ petitioner to be offered appointment and con....
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