Manoj Kumar Kaundinya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2024 of 2023 ====================================================== Manoj Kumar Kaundinya, Son of Rameshwar Prasad Singh, Resident of Village and P.O.- Konch, P.S.- Konch, District- Gaya, presently working as Panchayat Teacher, Primary School, Mahmoodpur, Block- Konch, DistrictGaya. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary Education, Education Department, Government of Bihar, Patna.

4.

The Divisional Commissioner-cum-First Appellate Authority, Public Complaint Redressal, Magadh Division, Gaya.

5.

The District Magistrate, Gaya, District- Gaya. 6.

The District Public Complaint Redressal Officer, Gaya, District- Gaya. 7.

The District Education Officer, Gaya, District- Gaya. 8.

The District Programme Officer (Establishment), Gaya, District- Gaya. 9.

The Block Education Officer, Konch, District- Gaya. 10.

The Mukhiya, Gram Panchayat Raj, Chabura, Block- Konch, District- Gaya. 11.

The Panchayat Secretary-cum- Member Secretary, Panchayat Elementary Teacher Employment Unit, Gram Panchayat Raj, Chabura, Block- Konch, District- Gaya.

12.

The Headmaster, Primary School, Mahmoodpur, Block- Konch, DistrictGaya. 13.

Lalan Kumar, Son of not known to the petitioner Resident of Mohalla- A.P. Colony, Rampur, Gaya, P.O.- Gaya, Block- Sadar Gaya, District- Gaya. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr. Hitesh Suman, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-06-2023 No one appears for the petitioner. Learned counsel for the State is present.

The petitioner in the present case claims that he was validly appointed as Panchayat Teacher under the untrained

Patna High Court CWJC No.2024 of 2023(2) dt.23-06-2023 2/2 disability category. He is aggrieved by the order dated 30.11.2022 passed by respondent no. 4 directing initiation of a disciplinary proceeding against him.

Learned counsel for the State points out that the petitioner has an alternative statutory remedy of filing an appeal before the Panchayat Teacher Employment Authority under the provisions of the Bihar Panchayat Elementary Teacher (Appointment and Service Condition) Rules, 2012. In the aforesaid view of the matter, there being an alternative statutory remedy available to the petitioner, this Court would not entertain the present writ application. It is being disposed of with liberty to the petitioner to seek his remedy, if so advised, before the appropriate forum. If the petitioner applies for his remedy within a period of 30 days from today, the question of limitation if arises, the same will be considered keeping in view that the petitioner was pursuing his remedy before this Court under some bonafide belief. The application stands disposed of.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U