Ram Kumar Ram @ Munna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5767 of 2024 ====================================================== Ram Kumar Ram @ Munna Ram Son of Nageshwar Ram Resident of Village- Basaiha Ram, Police Station- Sheohar, District- Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

2.

The District Education Officer, Sheohar.

3.

The District Programme Officer (Estt), Sheohar. 4.

The Block Education Officer, Sheohar.

5.

The Block Panchayat Raj Officer-cum-Member Secretary Prakhand Teacher Employment Unit, Sheohar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Pushpendra Kumar Singh, Advocate For the State :

Mr. Jai Prabhat Kishore, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-10-2024 Heard learned counsel for the parties.

2. The present writ application has been filed for quashing the order dated 05.06.2023 passed by the Block Panchayat Raj Officer-cum-Member Secretary, Prakhand Teacher Emplyment Unit, Sheohar (Respondent No. 5) whereby petitioner has been dismissed from the services due to conviction in criminal case.

3. At the outset, learned counsel appearing on behalf of the State raises preliminary objection to the maintainability of this writ application on the ground that petitioner has got alternative statutory remedy before the District Appellate

Patna High Court CWJC No.5767 of 2024(2) dt.30-10-2024 2/2 Authority. It is further submitted that no reasons have been assigned as to why this writ application shall be heard by this Hon'ble High Court, even when alternative statutory remedy to move before the District Appellate Authority is available to the petitioner.

4. Learned counsel appearing on behalf of the petitioner is not in a position to dispute the contentions made on behalf of the State.

5. Considering the aforesaid facts and circumstances, this writ petition is disposed of with direction to the petitioner to move before the District Appellate Authority by filing appeal.

6. It is needless to say that if such appeal is preferred by the petitioner, the District Appellate Authority shall proceed in the matter and dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, as expeditiously as possible.

(Prabhat Kumar Singh, J) shashank/- U