Patna High CourtCWJC/1878/2016disposed

Birendra Kumar v. The State Of Bihar And ORS

2019-01-24Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1878 of 2016 ====================================================== Birendra Kumar son of Late Dwarika Pandey, resident of village- Begampur, P.S. and District- Nalanda ... Petitioner

Versus

1. The State Of Bihar the Principal Secretary, Education Department, Government of Bihar, New Secretariat Building, Bailey Road, Patna 800 001.

2. The Principal Secretary, Education Department, Government of Bihar, New Secretariat Building, Baile

3. The Director, Secondary Education, Education Department, Government of Bihar, New Secretariat Build

4. The Regional Deputy Director, Magadh Division, Gaya

5. The District Education Officer, Gaya

6. The District Education Officer, Nawada

7. The District Programme Officer, Establishment, Gaya

8. The Sub-Divisional Education Officer, Nawada ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Sanjay Kumar Verma, Advocate For the Respondents :

Mr.Anil Kumar Sinha- GA 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-01-2019 Writ petition has been filed challenging order dated 30.5.2014, passed by the Regional Deputy Director, Magadh Division, Gaya inflicting major punishment of dismissal upon the petitioner.

It is submitted on behalf of the petitioner that the petitioner would avail the remedy of appeal under the Bihar CCA Rules, 2005.

In view of such submission, the writ petition is disposed of.

Petitioner would be at liberty to avail of his remedy before the Appellate Authority. It is however made clear that the

Patna High Court CWJC No.1878 of 2016(2) dt.24-01-2019 2/2 issue of delay will not be raised against the petitioner, if the appeal is filed by him within four weeks. Appeal should be considered and decided on its own merit by a reasoned and speaking order after giving due opportunity to the petitioner in accordance with law.

(Madhuresh Prasad, J) Shashi U