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Patna High CourtCWJC/6753/2020disposed

Md. Manjur Alam @ Manjur Alam v. The State Of Bihar

2021-01-25The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6753 of 2020 ====================================================== Md. Manjur Alam @ Manjur Alam Son of Hamid Nadaf, Resident of VillageLakhnaur, Khairi Tola, Police Station-Lakhnaur, District-Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Education, New Secretariat, Patna. 3.

The District Magistrate, Madhubani.

4.

The District Education Officer, Madhubani.

5.

The District Programme Officer, Madhubani.

6.

Abdul Kudus, Son of Md. Nathuni, Resident of Village-Lakhnaur Khairi Tola, Police Station-Lakhnaur, District-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Respondent/s :

Ms.Smt.Shilpa Singh (GA 12) Ms. Abhanjali, AC to GA-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 25-01-2021 Petitioner has prayed for the following relief(s): "I) For issuance of an appropriate Writ, order or direction commanding the Official respondents to take stern legal action against the Respondent No. 6 who is a reign of terror in the locality as he has no care of the Rule of the land.

II) For further direction to the official respondents to enquire about the appointment of the Respondent No. 6 and in enquiry if he is found guilty than remove him from the post of teachers

Patna High Court CWJC No.6753 of 2020(3) dt.25-01-2021 2/3 as he is not behaving like a teacher, III) For grant of any other relief or reliefs to which the petitioner is legally entitled in the facts and circumstances of the case."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation which the petitioner shall be filing for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of two months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

Petition is disposed of with the direction to the concerned respondent to consider and dispose it of expeditiously and preferably within a period of two months from the date of its filing along with a copy of this order.

It is clarified that the proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.

Patna High Court CWJC No.6753 of 2020(3) dt.25-01-2021 3/3 Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits.

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, also stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U