Pawan Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14692 of 2018 ====================================================== Pawan Kumar Son of Kanaklal Ray Resident of Village- Sirasi, P.O. Mahathi, P.S. and Block Bibhutipur, District- Samastipur at Present Block Physical Trained Teacher in Middle School, Khoksaha, Under Bibhutipur Distt. Samastipur.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Director, Primary Education Department, Govt. of Bihar, Patna. 3.
The Principal Secretary, Vigilance Department, Govt. of Bihar, Patna. 4.
The Secretary, Bihar School Examination Board,Patna. 5.
The Principal Dr. Zakir Hussain Physical Education Training College, Chapra, Saran Bihar.
6.
The District Magistrate,Samastipur.
7.
The Superintendent of Police, Samastipur.
8.
The District Education Officer, Samastipur.
9.
The District Programme OfficerEstablishment Samastipur. 10.
The Block Development Officer, Bibhutipur, Samastipur. 11.
The Block Education Officer, Bibhutipur, Samastipur. 12.
The Officer-In-Charge, Bibhutipur Police Station, Bibhutipur, Samastipur. 13.
The Headmaster Middle School Khoksaha, Block Bibhutipur DistrictSamastipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Kumar Jha, Adv.
For the State :
Mr. B. Bhusan, Ac to Sc13 For the BSEB :
Mrs. Binita Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 22-11-2022
1. Heard the parties.
2. The petitioner by way of this writ petition has prayed as under:- "That the writ application in the nature of Mandamus is being filed for issuance a direction to the respondents not to disturb the status of the petitioner as a Block Physical Trained Teacher in Middle School, Khoksaha, under
Patna High Court CWJC No.14692 of 2018(3) dt.22-11-2022 2/2 Block Bibhutipur in the District Samastipur. This writ application is being filed for issuance of a direction to the respondents not to disturb the petitioner in anyway without affording the opportunity of being heard. This writ application is also being filed for other reliefs as well."
3. Considering the prayer made, this Court is satisfied that the issue can be examined and adjudicated by the District Appellate Authority/ State Appellate Authority in terms of Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J., 381 and 2022
(2) P.L.J.R., 80.
4. The writ petition is accordingly disposed of with liberty to file an appeal before the concerned District Appellate Authority/ State Appellate Authority.
5. If such an appeal is preferred within a period of one month, the same shall be decided on merits condoning the period spent before this Court.
(Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 88 U