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Patna High CourtCWJC/8533/2003disposed

Rameshwar Giri v. Bihar School Exam.Board And ORS

2018-02-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8533 of 2003 ====================================================== Rameshwar Giri son of Late Baidya Nath Giri, resident of 367 Nehru Nagar, Patliputra Colony, Patna-23, Retired Law Officer, Bihar School Examination Board, Sinha Library Road, Patna. .... .... Petitioner/s

Versus

1. Bihar School Examination Board , Sinha Libtrary Road, Patna through its Secretary.

2. The Chairman, Bihar School Examination Board, Sinha Library Road, Patna.

3. The Secretary, Bihar School Examination Board, Sinha Library Road, Patna.

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

For the Petitioner/s : Mr. Mahesh Narayan Parbat Mr. Ved Prakash Srivastava For the Respondent/s : Mr. Ajit Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-02-2018 Heard the parties.

Without going into the details and merits of the cases of the respective parties and in view of the agreement amongst the learned counsel for the petitioner and the respondents that the impugned order dated 17.05.2003 (Annexure-15) passed by the Secretary, Bihar School Examination Board, Patna is cryptic and does not answer the dispute in question i.e. relating to grant of 2nd Time Bound Promotion to the petitioner herein, it would be appropriate to remit the matter back to the Secretary of the Bihar School Examination Board by quashing the said order dated 17.05.2003.

Patna High Court CWJC No.8533 of 2003 (3) dt.06-02-2018 2/2 Accordingly, the impugned order dated 17.5.2003 is set aside and the petitioner is granted liberty to file a fresh representation before the Secretary of the Board within a period of six weeks from today and in case any such representation is filed regarding non-grant of 2nd Time Bound Promotion to the petitioner, the Secretary of the Board shall dispose of the same by a reasoned and speaking order within a period of six weeks thereafter.

The writ petition is disposed of in the aforesaid terms.

If the Secretary of the Board disposes the representation of the petitioner favourably, then all the consequential benefits to the petitioner be paid to him within a period of six weeks from the date of passing of the final order. (Mohit Kumar Shah, J) BTiwary/- U