Md. Saud Alam v. The State Of Bihar Through Sri R. K. Mahajan, The Principal Secretary, Human Resources Department,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.818 of 2017 In Civil Writ Jurisdiction Case No. 6020 of 2012 ====================================================== Md. Saud Alam, son of Abdul Qudus, resident of Village+P.O.-Akarthapa, P.S.-Bhargama, District-Araria .... .... Petitioner/s
Versus
1. The State of Bihar through Sri R. K. Mahajan, The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna
2. Sri M. Ramchandra Deo, the Director, Primary Education, Human Resources Department, Govt. of Bihar, Patna.
3. Sri Himanshu Sharma, the District Magistrate, Araria.
4. Faiazzur Rahman, District Education Officer, Araria.
5. Sri Manoj Kumar, The District Education Officer, Bhargama, DistrictAraria.
6. Sri Bijay Kumar Singh, The Block Education Officer, Bhargama, District-Araria.
7. Vermaji, The Member, District Teachers Employment Appellate Authority, Araria.
8. Sri Chunnu Singh, The Mukhiya of Gram Panchayat Raj Bhargama, P.S. Bhargama, District- Araria
9. Sri Bishandeo Uran, The Panchayat Secretary of Gram Panchayat Raj Bhagrgama, P.S. Bhargama, District Araria
10. Sri Bhagrathi Singh, The Headmaster, Primary School Maujha, P.S. Bhargama, District Araria .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Navjot Yeshu, Advocate For the S t a t e : Mr. Ashutosh Ranjan Pandey, AAG 15 Mr. S.S. Tiwary, Advocate For O.P. No.8 : Mr. Diwakar Pd. Singh, Advocate Mr. Om Prakash Singh, Advocate For O.P. No.9 : Mr. Sushil Kumar Ray, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-12-2017 Heard learned counsel for the parties.
In pursuance of the order dated 16.11.2017, the Director, Primary Education, Human Resources Department, Government of Bihar, Patna, the Additional Collector, Araria in lieu of the District Magistrate, Araria, the District Education
Patna High Court MJC No.818 of 2017 (10) dt.11-12-2017 2/3 Officer, Araria and the District Education Officer, Bhargama, Araria are personally present in Court.
It is informed that the District Magistrate, on account of urgent personal reason, could not appear in the Court, but has authorized the Additional Collector to appear in his absence and the affidavit for dispensing with his personal appearance could not be prepared for the reason that certain information was received by him very late.
In view of the reason assigned and as submitted by the learned Additional Advocate General No.15, let the personal appearance of the District Magistrate, Araria be dispensed with. The show cause filed by O.P. Nos.3 to 5 has been placed on record, in which it is stated that in pursuance of the order, the Panchayat Secretary has been placed under suspension and the two persons, who were appointed, have also been removed and are no longer functioning on their respective posts of Panchayat Teacher. Necessary follow-up action has also been initiated and is being followed up by the District Education Officer, Araria.
In view of such statements made in the show cause, the present contempt application has now become infructuous and is being disposed of.
Let the petitioner take appropriate steps for pursuing
Patna High Court MJC No.818 of 2017 (10) dt.11-12-2017 3/3 the writ application, which has been kept in abeyance due to the pendency of this contempt application.
The office should also note this order and put up the writ application forthwith.
(Anjana Mishra, J) PNM U