Patna High CourtCWJC/19739/2014disposed

Shambhu Paswan v. The State Of Bihar And ORS

2018-09-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19739 of 2014 ====================================================== Shambhu Paswan S/o Sri Harekrishna Paswan r/v resident of village - Kaushikapur, P.O. Banailipatti, P.S. Birpur, District - Supaul ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna

2. The District Magistrate, Supaul

3. The Block Development Officer, Basantpur, Supaul

4. The Block Education Officer, Basantpur, Supaul

5. The Teachers Appellate Tribunal, Supaul

6. The Panchayat Secretary, Gram Panchayat - Dinbandhi, Block - Basantpur, Supaul

7. The Mukhiya, Gram Panchayat - Dinbandhi, Block Basantpur, Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prafull Chandra Thakur, Advocate Mr. Vivek Kumar, Advocate For the Respondent/s :

Mr. Aag7- Shivendra Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Learned counsel appearing on behalf of the petitioner submits that instead of available statutory remedy by way of appeal before the District Teachers Employment Appellate Authority he has filed the present writ application in this court. He submits that he may be permitted to approach the District Teachers Employment Appellate Authority so that he may avail the statutory forum.

Considering the above, the writ petition is disposed of with liberty to the petitioner to file appeal before the District

Patna High Court CWJC No.19739 of 2014(2) dt.27-09-2018 2/2 Teachers Employment Appellate Authority.

In case, such appeal is filed by the petitioner within a period of one month from today alongwith a copy of this order, the District Teachers Employment Appellate Authority is required to decide the appeal in accordance with law on its own merit after condoning the delay, if any, in filing the appeal in view of the fact that the petitioner was pursuing the remedy before this Court.

With the aforesaid, the writ application is disposed of. (Anil Kumar Upadhyay, J) Ravi/- U