IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No. 281 of 2025 In Civil Writ Jurisdiction Case No.17872 of 2023 ======================================================

Kumari Sanju Wife of Late Ajay Kumar, Resident of - C/o Late Sudarshan Sharma, B.K. Dutta Lane, New Jakkanpur, P.O.-GPO, P.S. - Jakkanpur, District- Patna.

... ...Petitioner-Appellant/s Versus

1. The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2. The Director, Primary Education, Bihar, Patna.

3. The Regional Deputy Director, Education, Region- Patna.

4. The District Education Officer, Patna.

5. The District Program Officer (Establishment), Patna.

6. The District Program Officer, Primary Education Patna.

... ... Respondent-Respondent/s ======================================================

Appearance:

For the Appellant/s : Mr. Dinu Kumar, Advocate Mr. Vardaan Mangalam, Advocate For the Respondent/s : Mr. Anjaneya Singh, AC to AAG-13 ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date: 22-01-2026 This letters patent appeal has been filed by the appellant, Kumari Sanju, challenging the order dated 29.01.2025, passed by the learned Single Judge of this Court in CWJC No.17872 of 2023 whereby and whereunder though the enquiry report, the order of termination dt. 19.08.2023 and the appellate order dated 16.11.2023, qua the appellant have been quashed, however the respondents have been directed to conduct the department proceedings afresh and conclude the same within six months, in accordance with law, nonetheless the payment of consequential benefits has been made dependent upon the result of the fresh departmental proceeding to be conducted by the respondents.

2. The writ petition was filed by the appellant with the following prayers:-

“A. To set aside Punishment of Removal of petitioner issued vide Memo no.-1 Yo-43/2021, 7409 dated 19-08- 2023, by the Disciplinary Authority, the District Program Officer (Establishment), Patna as contained in Annexure-

P/10.

B. To set aside Order contained in Memo no.1379 dated 16-11-2023, as contained in Annexure- P/12 whereby the Appeal of the petitioner has been rejected by the Appellate Authority, the Regional Deputy Director, Education, Patna Region, Patna.

C. To set aside Inquiry Report dated 06-04-2023 submitted by the Inquiry Officer communicated to the petitioner vide letter no.4272 dated 26-04-2023 by the Disciplinary Authority, as contained in Annexure-P/6, on account of it being perverse.”

3. The case of the appellant, as set out in the writ petition is that she was appointed by the then District Education Officer, Patna vide Memo dated 16.04.1988 on the post of Assistant Teacher and was posted at the Middle School, Raghunath Tola, Danapur, Patna where she joined on 18.04.1988. It has been stated that during the course of her service, she got all the due benefits, including the benefits of second assured career progression, however when 1½ years approximately was left for her to retire, the District Programme Officer (Establishment), Patna vide letter dated 23.09.2021 asked the appellant herein to furnish her explanation regarding the complaint made by the Secretary, Tejaswai Fans Association Kurji, Magadh Colony, Sadakat Ashram, Patna with regard to her illegal appointment. The appellant had furnished her explanation on 08.11.2021, categorically stating therein that she has been appointed after undergoing the due process of selection and that too by the competent authority as also she has completed 34 years of service. However, the explanation furnished by the appellant was not considered and vide Memo dated 06.05.2022, issued by the disciplinary authority, i.e the District Programme Officer (Establishment), Patna, a departmental proceeding was initiated against the appellant under the provisions of the Bihar Government Servants