Sarita Kumari vs The State of Bihar and Others

This Letters Patent Appeal has been (sic) against the order dated 9.2.1995 on W.J.C. No. 5793/94, Sarita Kumari v. The State of Bihar and Ors.

The operative portion of the order issed by the learned Judge in effect give relief to the Petitioner-Appellant and modifying the punishment which was awarded by the management is reproduced below:

Having heard the counsel for the parties, in my opinion, ends of justice would be served by modifying the penalty of stoppage of one annual increment with cumulative effect into one with non-cumulative effect. Other penalties awarded by the impugned order are minor in nature. Subject to this modification the impugned order is upheld.

The writ application is accordingly Disposed of.

This is a matter in which the Petitioner-Appellant had not been absolved of the charges. Charge No. 4 was upheld. (sic)misdemeanour of the Petitioner-Appellant was that she made remarks in the (sic)dance register against the headmaster. This is subversive to discipline and (sic)enging the authority of the headmasters a bad example. Anybody in the (sic) does not have a licence to make remarks on the attendance register, except the person in charge of it.

Though counsel has argued fully that the order passed by the learned Judge be set aside, on the argument this Court was tempted to restore the punishment as it originally stood, but this Court was of the opinion that counsel was virtually arguing against the interest of his client. The Letters Patent Appeal rests on justice, equity and good conscience. It is not that the Petitioner-Appellant had not committed a misdemeanour which stood proved. Even the management gave a light punishment.

Dismissed.