High Court Patna High Court - Orders

Anita Devi vs The State Of Bihar &Amp; Ors on 28 February, 2011

Patna High Court – Orders
Anita Devi vs The State Of Bihar &Amp; Ors on 28 February, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CWJC No.18584 of 2009

          1. ANITA DEVI W/O SRI CHHAMGORI MANDAL R/O VILL-
          SHITALPUR, P.S. AZAM NAGAR, DISTT. KATIHAR
                               Versus
          1. THE STATE OF BIHAR
          2. MEMBER, DISTRICT TEACHERS APPOINTMENT APPELLATE
          TRIBUNAL DISTT. KATIHAR
          3. DISTRICT MAGISTRATE KATIHAR
          4. DISTRICT SUPERINTENDENT OF EDUCATION KATIHAR
          5. BLOCK DEVELOPMENT OFFICER AZAMNAGAR, KATIHAR
          6. BLOCK EDUCATION EXTENSION OFFICER        AZAMNAGAR,
          KATIHAR
          7. PANCHAYAT SECRETARY       GRAM PANCHAYAT SHITALPUR,
          BLOCK AZAM NAGAR, DISTT. KATIHAR
          8. SHREEDHAR PANDEY S/O LATE ARADHPAD PANDEY R/O VILL-
          SHITALPUR, P.S. AZAM NAGAR, DISTT. KATIHAR
                                -----------

02. 28.02.2011 Heard learned counsel for the petitioner and

learned counsel for the State.

Learned counsel for the petitioner submits

that the order-sheet of the Appellate Tribunal suffers

from error on record when it states that despite notice

the petitioner refused to participate in the proceedings.

An order sheet, more particularly in a

judicial or a quasi judicial proceeding carries a sanctity

of its correctness. If the person is aggrieved by the

recitals in the order-sheet, his remedy lies in moving

the authority first for correction therein. The authority

is first competent to examine the issue of correctness

or incorrectness of recitals in the order sheet.

Leave is sought to withdraw the application

to purse remedies appropriately before the Appellate
2

Tribunal itself with regard to errors in the order sheet.

The application is dismissed as withdrawn.

P.K.                                       ( Navin Sinha, J.)