Patna High CourtL.P.A/1432/2016disposed

The State Of Bihar And ANR v. Braj Kishore Tiwary And ORS

2017-11-15The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1432 of 2016 In Civil Writ Jurisdiction Case No.3178 of 2014 ======================================================

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

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

... ... Respondents-Appellant/s

Versus

1. Braj Kishore Tiwary, Son of Shri Trigunanand Tiwary, resident of village - Basdila, P.O. and P.S. Kopa, District - Saran, Bihar. ..... Petitioner/Respondent

2. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.

3. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga

4. The Principal, Bharat Mishra Sanskrit College, Chapra, District - Saran. ... ... Respondents-Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shankar Kr. Thakur, Advocate AC to G.P. 27 For the Respondent No.1:

Mr. Ashok Kumar Mishra, Advocate For the Respondent No.4:

Mr. Sanjay Parasmani, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-11-2017 Re.: Interlocutory Application No.5330 of 2016 Delay of 86 days in filing of the Letters Patent Appeal is condoned.

Interlocutory Application stands allowed and disposed of. Re.: Letters Patent Appeal No.

This is an appeal filed by the State Government and the learned Writ Court has primarily interfered with the order as the

Patna High Court LPA No.1432 of 2016 dt.15-11-2017 2/2 Principal Secretary of the Department has acted in excess of the jurisdiction available with him. In view of the admitted position, we see no reason to interfere into the matter. The Principal Secretary of the Department is directed to pass a fresh order in accordance with law, now within a period of two months. With the aforesaid, the appeal stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.11.2017 Transmission Date