Sumiran Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5105 of 2020 ====================================================== Sumiran Sharma Son of Late Lal Singh Resident of Village- Bara, P.O.- Bara, Police Station- Alipur, District- Gaya at present posted and working as a Teacher in Middle School, Jamuaara, Block- Tekari, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary-cum- the Principal Secretary Education Department, Govt. of Bihar, Patna.

3.

The Director Primary Education Bihar, Patna.

4.

The Regional Deputy Director of Education Magadh Division, Gaya. 5.

The District Education Officer-cum- the Chairman District Elementary Teachers Promotion and Transfer Committee, Gaya. 6.

The District Education Officer Gaya.

7.

The District Programme Officer (Establishment)-cum- the Chairman District Elementary Teachers Promotion and Transfer Committee, Gaya. 8.

The District Programme Officer (Establishment) Gaya. 9.

The Block Education Officer Tekari, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag-15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The present writ petition has been filed for directing the District Teachers Promotion & Transfer Committee, Gaya to transfer the petitioner as per Rule 3 read with Rule 5 (kha) of Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action & Promotion) Rules, 2018 as per the option exercised

Patna High Court CWJC No.5105 of 2020(2) dt.11-06-2020 2/2 by him.

The learned counsel for the petitioner submits that the petitioner be granted liberty to file appropriate representation before the District Education Officer, Gaya and the District Education Officer-cum-the Chairman, District Elementary Teachers Promotion & Transfer Committee, Gaya i.e. the respondent no. 5 be directed to dispose off such representation of the petitioner within a stipulated time frame. Having regard to the short prayer made by the learned counsel for the petitioner, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to approach the respondent no. 5 by filing appropriate representation within a period of four weeks from today, which shall be disposed off by a reasoned and speaking order by the respondent no. 5, within a period of four weeks thereafter. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U