IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.419 of 2025 In Civil Writ Jurisdiction Case No.4254 of 2025 ======================================================

Sita Devi @ Sita Kumari, Wife of Akhilesh Kumar, Resident of Village and P.O- Phulari, P.S- Sandesh, District- Bhojpur.

... ... Appellant/s Versus

1. The State of Bihar Through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2. The District Magistrate, Bhojpur at Ara.

3. The District Program Officer (Establishment), Ara.

4. The Block Education Officer, Sandesh, Bhojpur.

5. The Panchayat Secretary, Panchayat Niyojan Ekayi, Gram Panchayat at Khandol, District- Bhojpur at Ara.

6. Sushma Kumari Wife of Vimal Kumar Singh, Resident of Ward No.-12, Phulari, P.S- Sandesh District- Bhojpur at Ara.

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

Appearance :

For the Appellant/s : Mr. Amritanshu Raj, Advocate For the Respondent/s : Addl. Advocate General 13 ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

6 22-01-2026 This Letters Patent Appeal has been filed by the appellant namely Sita Devi alias Sita Kumari challenging the order dated 18.03.2025 of the learned Single Judge passed in CWJC No. 4254 of 2025. The aforesaid writ petition was filed by one Sushma Kumari, who is at present respondent No.6 to the Letters Patent Appeal, with the following reliefs:-

“(i) For issuance of writ in the nature of Certiorari to quash the order dated 11.02.2025 passed in Appeal (Case) T. No. 260/2023 by learned State Appellate Authority, Patna, Bihar whereby and whereunder the learned Appellate Authority passed an order to set aside the transfer order of the respondent No.6 and affirm the transfer of the petitioner and for relieving of the petitioner from New Primary School, Yadav Tola, Phulari to New Primary School, Yadav Tola, Kandol within a week and further directed that she will be paid any salary only after she joins at new place of posting which is completely erroneous and without jurisdiction.

(ii) For a direction to the respondent authorities to allow the petitioner to work in New Primary School, Yadav Tola, Phulari and salary may be paid accordingly with all consequential benefits.

(iii) For any other relief/reliefs if the petitioner found entitle in the facts and circumstances of the present case.”

2. When the matter was taken up on 18.03.2025, obviously, for the first time the learned Single Judge, without issuing notice to the appellant, who was the respondent No.6 in the said writ petition, disposed of the matter and observed as follows:-

“6. Sub Rule 3 of Rule 2015 of Rules, 2020 provides that "in the case of proved financial irregularities, moral turpitude or other serious charges, the member secretary of the recruitment unit shall transfer head master/teacher, for one time on administrative ground in the interest of school and students. The approval of this action shall be given by the Chairman of the committee constituted for the purpose of appointment"

7. From perusal of the transfer order contained in Memo No. 02 dated 28.06.2018 by which the petitioner and the respondent no. 6 were transferred, it appears that the transfer order don't fulfill the condition as contained in Sub Rule 3 of Rule 15 of Rules, 2020. I find that both the District Appellate Authority, as well as, the State Appellate Authority have not taken into consideration the guiding Rules and have not given specific finding in respect of the basic facts, as to whether, the transfer of the teachers whose names are contained in Memo No. 02 dated 28.06.2018 including the petitioner and the respondent no.6 was on the administrative ground or for any proved misconduct on their part.

8. The Memo No. 02 dated 28.06.2018 cannot be sustained in the eye of law and in absence of any discussion with regard to the above in the order passed by