Ashok Priyadarshi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6725 of 2016 ===========================================================

1. Ashok Priyadarshi S/o Late Ganesh Lal Roy R/o village - Banshwari, P.O. Assaja Mobaiya, P.S. Baishi, District - Purnea .... .... Petitioner/s

Versus

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

2. The Director, Primary Education, Govt. of Bihar, Patna

3. The District Education officer, Purnea, District Purnea

4. The District Programme officer ( Estb. ), Purnea, District - Purnea

5. The Block Education officer, Baisi, District Purnea

6. The Panchayat Secretary, Gram Panchayat Raj, Aasja, Mobaiya, Baisi, District - Purnea

7. Incharge Headmaster, Primary School, Pundalay, Baisi, District - Purnea .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, Adv. For the Respondent/s : Mr. Harish Kumar, G.P.32 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 23-12-2016 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner and Mr. Harish Kumar, G.P.32 for the State. Though the petitioner has questioned the order of suspension dated 01.09.2015 passed by the Panchayat Secretary, Gram Panchayat Aasja, Mobaiya in the Block-Baisi in the district of Purnea but it is submitted by Mr. Harish Kumar learned State counsel that the petitioner has an alternative remedy to question the same under Rule 18 of the Bihar Panchayat Elementary Teachers (Appointment and Service Condition) Rules,2006 (hereinafter referred to as 'the Rules')

Patna High Court CWJC No.6725 of 2016 dt.23-12-2016 2/2 as amended from time to time. Rule 18 of 'the Rules' in question does provide an appellate forum for the Panchayat teachers to raise any grievance relating to appointment and service condition. Obviously, the order of suspension is a grievance arising out of the appointment and service conditions of a Panchayat teacher and thus the petitioner would be well advised to exhaust the remedy so available to him. The writ petition is disposed of.

Considering that it is an order of suspension any such application filed by the petitioner should be considered and disposed of by the appellate authority expeditiously with a sense of priority. (Jyoti Saran, J) Bibhash/- NAFR CAV DATE Uploading Date 24.12.16 Transmission Date