Manoj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11604 of 2015 ====================================================== Manoj Kumar Son of Late Chhedi Prasad Keshari, resident of village- Ratan P.O. Ratan, P.S.- Googri Jamalpur, District- Khagaria .... Petitioner

Versus

1. The State of Bihar

2. The District Programme officer, (Mahendra Jha) Jamui Establishment, Education Department, Jamui

3. District Education Officer (B.N.Jha), Jamui

4. District Magistrate, Jamui (Shashi Kant Tiwary)

5. Block Education Officer, Chakai .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Binoy Kumar Sinha-1, Advocate For the Respondent/s : Mr. M.K. Singh, SC6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-04-2016 The petitioner prays for quashing of order dated 7/8.4.2015, by which the District Education Officer, Jamui has passed order of his suspension pending disposal of the criminal case bearing Jamui Police station Case No. 59 of 2015. Learned counsel for the petitioner submit that he has falsely been implicated in that criminal case in which the trial has not started even after lapse of a year.

Counsel for the State submits that the petitioner has remedy of appeal under the Bihar CCA Rules.

The writ petition is disposed of with liberty to the petitioner to take resort to remedy of appeal under the Bihar CCA Rules. In case, the petitioner files a petition for condonation of delay in filing the appeal, the same would be

Patna High Court CWJC No.11604 of 2015 (2) dt.21-04-2016 2/2 considered sympathetically by respondents, as the former was pursuing his remedy before this Court, provided the petitioner files an appeal within a month from the date of receipt of this order.

(Samarendra Pratap Singh, J) Shashi.

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