Court Rules Absence of Statutory Power Makes Review Orders Void; Directs Reinstatement and Benefits for Petitioners
In a significant ruling, the Patna High Court has set aside orders passed by the District Teachers Employment Appellate Authority, Buxar, and the State Appellate Authority, Bihar, that sought to review and reverse earlier decisions concerning teacher appointments. The Court found that the Appellate Authority lacked jurisdiction to review its final orders under the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006, and the Guidelines of 2008, as these did not confer any inherent power of review.
The case stemmed from the appointments of Kumari Bandana and others as Panchayat Teachers, which were initially upheld by the District Appellate Authority in 2014. However, in 2016, the same authority attempted to review and overturn its prior decision, citing errors in the initial order. This review was further supported by the State Appellate Authority in 2017.
The petitioners challenged these actions on the grounds that the Appellate Authority became functus officio (a body that has exhausted its power) once the final order was passed, thus lacking the legal mandate to reopen the case. The High Court, presided over by Mr. Alok Kumar Sinha, J., agreed with the petitioners, ruling that the absence of an express statutory provision precludes any review power, rendering such orders void and without jurisdiction.
The Court underscored that the power of review must be explicitly conferred by statute and cannot be assumed. It further emphasized that the rules introduced in 2020, which grant review powers, cannot be retrospectively applied to actions taken under the 2006 Rules. Consequently, the Court directed the respondents to accept the petitioners' joining in their appointed positions and to provide all consequential benefits from the date of their appointment letters. This decision reflects a firm adherence to statutory interpretation principles and reinforces the limits of quasi-judicial authority.
Bottom Line:
District Teachers Employment Appellate Authority under the Bihar Panchayat Primary Teachers Rules, 2006 and Guidelines of 2008 has no jurisdiction to review, recall, or reopen its final order once passed.
Statutory provision(s): Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006, Guidelines of 2008, Rules of 2020
Kumari Bandana v. State of Bihar, (Patna) : Law Finder Doc Id # 2826641
