Hari Narayan Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3053 of 2019 ====================================================== Hari narayan Sharma son of Late Bachchu Sharma, resident of MohallaSalempur, P.O. and P.S.- Chapra, District- Saran at Chapra, presently working as an Assistant Teacher, Government Basic School, Ferusa, District- Saran at Chapra.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

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

4.

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

5.

The Regional Deputy Director of Education, Saran Division, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.S.B.K. Manglam For the Respondent/s :

Mr.Umesh Narayan Dubey (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

It appears that departmental proceeding of the petitioner was kept in abeyance. It was clarified by the respondents while stating that the proceeding shall abide by final outcome of proposed LPA i.e. LPA No. 109 of 2016. The LPA Court vide order dated 12.7.2019 has modified the order of the writ court.

The LPA Court directed the respondents to give fresh

Patna High Court CWJC No.3053 of 2019(3) dt.27-08-2019 2/2 opportunity to the writ petitioners by giving fresh show cause notice and other available documents.

In view of the principle decided by the Division Bench, the present writ application is disposed of with a diretion to the respondents to take appropriate decision with regard to the petitioner strictly in terms of the direction issued by the LPA Court in LPA No. 109 of 2018 vide order dated 12.7.2019 at the earliest, preferably within a period of four months from the date of receipt/production of a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U