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Patna High CourtL.P.A/489/2017disposed

Subodh Kumar v. The State Of Bihar And ORS

2017-05-08Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.489 of 2017 IN Civil Writ Jurisdiction Case No. 16431 of 2016 ===========================================================

1. Subodh Kumar Son of Vijay Kumar Das, Resident of Quarter No.-301, DSL Colony, Chhote Lal Chauk, P.O.-Jitwara, District Samastipur .... .... Appellant/s

Versus

1. The State of Bihar, through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

2. The Director, Higher Education, Govt. of Bihar Patna

3. The District Magistrate, Muzaffarpur

4. The District Education Officer, Muzaffarpur

5. Executive Officer, Teacher's Employment Division, Muzaffarpur

6. The Headmaster, +2 High School, Muzaffarpur.

7. The District Magistrate, Samastipur,

8. The District Education Officer Samastipur

9. The Executive Officer Teacher's Employment Division, Samastipur Zila Parishad.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Naresh Chandra Verma, Advocate For the Respondent/s : Mr. Ashutosh Ranjan Pandey-AAG15 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 08-05-2017 Seeking exception to an order dated 22.11.2016 passed by the learned Writ Court in C.W.J.C. No.16431 of 2016, this appeal has been filed under Clause 10 of the Letters Patent. However, the only grievance canvassed by the petitioner before us in this appeal is that the appellant would be satisfied if the original documents submitted by the petitioner at the

Patna High Court LPA No.489 of 2017 dt.08-05-2017 2/2 time of appointment and selection as a Music Teacher are returned back within a reasonable time.

Keeping in view the aforesaid, we direct that, on the appellant's filing a certified copy of the order along with the list of original certificates said to have been submitted by the appellant at the time of appointment, the District Education Officer, Muzaffarpur, Respondent No.4, shall consider the application of the appellant and ensure that the documents submitted by the appellant, in original, at the time of appointment are returned back to the appellant within two weeks from the date of submission of the application along with a certified copy of the order.

Needless to emphasize that if for any reason the District Education Officer is unable to supply any of the documents, it would be incumbent upon the officer to record reasons, speaking in nature, and communicate to the petitioner.

(Rajendra Menon, CJ) (Sudhir Singh, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 16.5.2017 Transmission Date N/A