Md. Firoz v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17163 of 2014 ====================================================== Md. Firoz, Son of Late Md. Habibur Ansari, resident of Village - Behta, Police Station - Benipatti, District - Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Human Resources Department, Government of Bihar, Patna.

2. The Principal Secretary, Department of Human Resources Department, Government of Bihar, Patna.

3. The District Magistrate, Madhubani.

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

5. The Block Development Officer, Block Benipatti, District - Madhubani.

6. The Block Education Officer, Block Benipatti, District - Madhubani.

7. The Mukhiya, Gram Panchayat Raj Karhara, District - Madhubani.

8. The Panchayat Secretary, Gram Panchayat Raj, Karhara, Madhubani.

9. The District Teachers Employment Appellate Authority, Madhubani.

10. Md. Nasirulhaque Son of Taslim resident of Village - Ganguli, P.O. Ganguli, Tola - Mansipatti, Police Station - Benipatti, District - Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Ms. Priya For the Respondent/s :

Mr. Manish Kumar,AC to AAG 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-09-2018 Heard learned counsel appearing for the petitioner and learned counsel appearing on behalf of the State. The petitioner has filed the present writ application against the decision of the District Teachers Employment Appellate Authority, Madhubani dated 15.04.2014. During the pendency of the present proceeding, appellate forum in the nature of State Appellate Tribunal is now available. In view of availability of this Appellate Authority, as prayed for, counsel for the petitioner is permitted to withdraw

Patna High Court CWJC No.17163 of 2014(2) dt.26-09-2018 2/2 the writ application to approach the State Appellate Tribunal as the State Appellate Authority has jurisdiction to examine the factual aspect as well.

In view of the above, the writ petition is permitted to be withdrawn with liberty to the petitioner to file appeal before the State Appellate Tribunal. In case the appeal is filed within one month from today along with a copy of this order, the appellate authority is required to dispose of the appeal on its own merit after condoning the delay in view of the fact that the present writ application against the decision of the District Teachers Employment Appellate Authority remained pending in this case since 26.09.2014.

(Anil Kumar Upadhyay, J) mrl./- U