Patna High CourtL.P.A/2100/2016withdrawn

Kumar Dhananjay v. The State Of Bihar And ORS

2017-01-09Mr. Justice Dinesh Kumar Singh,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2100 of 2016 Arising out of Civil Writ Jurisdiction Case No. 16084 of 2016 =========================================================== Kumar Dhananjay, son of Late Kamaldeo Prasad, Resident of Mohalla- Nai Sarai Narsaliganj, P.S.- Biharshariff, District- Nalanda .... .... Appellant/s

Versus

1. The State of Bihar

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Director, Secondary Education, Govt. of Bihar, Patna.

4. The District Magistrate, Nalanda.

5. The District Education Officer, Nalanda

6. The District Programme Officer (Establishment), Nalanda

7. Sarita Kumari, Prabhari Pradhanadhyapika High School Ranabigha, P.S.- Deepnagar, District- Nalanda

8. The Deputy Development Commissioner-cum-Secretary, Zila Parishad, Nalanda.

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

For the Appellant/s : Mr. N.K. Singh, Advocate For the Respondent/s : Mr. Amarendra Kumar, A.C. to A.A.G.-5 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 09-01-2017 Heard learned counsel for the parties.

2. The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 6th of October, 2016 in C.W.J.C. No. 16084 of 2016 whereby, the Deputy Development Commissioner, Nalanda was directed to take a final decision in respect of appointment of the appellant.

3. Admittedly, the appellant is facing criminal trial and, therefore, he was not offered appointment. Still, the learned Single

Patna High Court LPA No.2100 of 2016 dt.09-01-2017 2/2 Bench has issued a direction to the respondents to take a final decision in respect of claim of the appellant.

4. In view of the facts on record, we do not find any error in the order passed by the learned Single Bench which may warrant interference in the present intra court appeal.

5. The Letters Patent Appeal is, thus, dismissed. (Hemant Gupta, ACJ) (Dinesh Kumar Singh, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 11.01.2017 Transmission Date