Balram Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7542 of 2018 =========================================================== Balram Kumar, Son of Shri Shivendra Kumar Sah, Resident of Village- Belsar, P.O.- Anirudh Belsar, Block- Patedih Belsar, P.S.- Vaishali, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Muzaffarpur.

2. The District Magistrate, Muzaffarpur.

3. The District Education Officer, Muzaffarpur.

4. The District Program Officer, (Establishment, Muzaffarpur).

5. The Block Development Officer-cum-Member Secretary, Panchayat Teacher Employment Committee Unit Block- Sariya, District- Muzaffarpur.

6. The Block Education Officer, Sariya, District- Muzaffarpur.

7. The Block Development Officer-cum-Executive Officer, Sariya, DistrictMuzaffarpur.

8. Incharge Headmaster, Utkramit Madhya Vidyalay, Dhanpura Mushartola, Block- Sariya, District- Muzaffarpur.

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate Mr. Ashutosh Singh, Advocate For the Respondent/s : Mr. Prabhat Ranjan Singh, AC to AAG-15 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 01-05-2018 Heard learned counsel for the petitioner and State.

2. The petitioner has filed the present writ application for quashing of the order as contained in Memo No. 516 dated 12.11.2016 (Annexure-3) by which termination order of the petitioner has been passed.

3. Learned counsel for the petitioner submits that the issue raised in the present writ application is squarely covered by the decision of the Division Bench of this Court dated 14.11.2017 in L.P.A. No. 501 of 2017.

Patna High Court CWJC No.7542 of 2018 dt.01-05-2018 2/2

4. In view of the above, the writ application is allowed and the order, as contained in Annexure-3, is quashed. The respondents are hereby directed to proceed in accordance with law after reinstating the petitioner. However, in the interregnum period, the petitioner is not entitled to any salary. The same would abide by the final outcome of the enquiry conducted by the respondents in accordance with law.

5. With the aforesaid, the writ application stands allowed.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date05.05.2018 Transmission Date