Binod Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3700 of 2016 ====================================================== Binod Kumar Son of Surya Narayan Mandal, Resident of Village - Basaha, P.S. - Pipra, District - Supaul.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Bihar, Patna.

2. The District Magistrate, Supaul.

3. The Presiding Officer, District Appellate Autority, Supaul.

4. The Prakhand Vikas Padadhikari, Pipra Prakhand, District Supaul.

5. The Block Education Extension Officer, Pipra Prakhand District - Supaul.

6. The Panchayat Secretary, Gram Panchayat Raj, Hulas, P.S. - Pipra, District - Supaul.

7. The Mukhiya, Gram Panchayat Raj Hulas, P.S. - Pipra, District - Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar For the Respondent/s :

Mr. P.K. Verma- Aag5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-03-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Learned counsel for the petitioner with reference Annexure-2 submits that the case of the petitioner was dismissed on the ground of limitation. The District Teachers Employment Appellate Authority has not examined the merit of the claim of the petitioner.

Learned counsel appearing on behalf of the State submits that petitioner has statutory forum in the nature of State Appellate Authority, in case, the petitioner files such appeal for redessal of his grievance the State Appellate Authority may

Patna High Court CWJC No.3700 of 2016(3) dt.26-03-2018 2/2 decide appeal on merit also.

In view of the above, the writ petition is disposed of with liberty to the petitioner to file appeal before the State Appellate Authority who shall examine the claim of the petitioner in accordance with law on its own merit and will not dismiss the appeal on the ground of delay.

The Appellate Authority is expected to hear all the persons likely to be adversely affected before passing order in the appeal in view of the fact that the writ petition filed by the petitioner remain pending for more than two years in this court. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U