The State Of Bihar And ORS v. The District Teacher Appellate Authority And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12475 of 2017 ===========================================================

1. The State of Bihar, through the Principal Secretary, Education Department, Govt.of Bihar, Patna.

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

3. The District Programme Officer, (Establishment), Kaimur at Bhabhua. .... .... Petitioner/s

Versus

1. The District Teacher Appellate Authority, Kaimur at Bhabhua.

2. The Mukhiya, Gram Panchayat Vithi, Mohania, Kaimur.

3. The Panchayat Secretary, Gram Panchayat Vithi, Mohania, Kaimur.

4. Iqlaq Ahmad, S/o Md. Umar, Resident of Village-Dobaha, P.S.-Chand, District-Kaimur.

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

For the Petitioner/s : Mr. Ram Vinay Prasad Singh, Advocate For the Private Respondents : None =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 31-08-2017 Heard learned counsel for the petitioners i.e., State.

2. The petitioners have filed the present writ petition being aggrieved by the order dated 21.12.2015 passed in Appeal No. 71 of 2015, by the District Teachers Employment Appellate Authority, Kaimur.

3. On a query of the Court as to when the State itself has created a forum for appeal, that is, the State Appellate Authority, against the order passed by the District Teachers Employment Appellate Authority, why straightaway the writ petition has been filed, learned counsel for the State submitted that before the State

Patna High Court CWJC No.12475 of 2017 dt.31-08-2017 2/2 Appellate Authority became functional, the file had been sent, but unfortunately it has been filed only after the State Appellate Authority started functioning. He submitted that the writ petition be disposed off with liberty to move before the State Appellate Authority in the matter.

4. In view thereof, the writ petition stands disposed off with liberty to the State to move before the State Appellate Authority in the matter.

5. If such an appeal is filed before the State Appellate Authority within two months from today, the same shall be considered and disposed off on merits, expeditiously, and within the statutory period.

6. Learned counsel for the State undertakes to communicate the order to the concerned officials (petitioners). (Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U