Mahendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13505 of 2015 ====================================================== Mahendra Prasad son of Shankar Sah, resident of village Alampur, P.S. Shivsagar, Distt. Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Human Resources Development Department, Government of Bihar.

2.

The Director, Primary Education Government of Bihar. 3.

The Regional Deputy Director Education Rohtas at Sasaram. 4.

The District Magistrate Kaimur at Bhabhua.

5.

The District Education Officer, Kaimur at Bhabhua. 6.

The District Programme Officer, Kaimur at Bhabhua. 7.

The Block Development Officer, cum the Secretary Block Teacher, Employee Unit Champaran.

8.

The Block Education Extension Officer, Chainpur. 9.

The Headmaster, Middle School, Hata, Chainpur, Kaimur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Nadeem Seraj, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-02-2024

1. No one appears for the petitioner. Learned counsel for the respondents are present.

2. The instant application has been filed for the following relief(s):- "1. That, By the way of this writ petition petitioner craves indulgence of this writ for the issuance of writ in the nature of mandamus, commanding the respondent authorities to permit the petitioner to withdraw his resignation dated 9.7.2015, which has not

Patna High Court CWJC No.13505 of 2015(4) dt.05-02-2024 2/3 been accepted and respondents may also be directed to not to disturb in functioning of Prakhand Teacher in Middle School Hata, Chainpur and also prays for others consequential relief."

3. Bereft of unnecessary details, it may be stated here that this Court on 2.1.2024 had passed orders to the following effect:-

7. This Court has gone through the writ petition and there is no document/certificate of the petitioner to support the said submission put forward by the learned counsel for the petitioner. Upon query about the certificates of the petitioner, the learned counsel submits that presently no document is in the file but he intends to bring all the genuine certificates of the petitioner by way of filing supplementary affidavit. He also intends to file rejoinder to the counter-affidavit filed in 2016.

7A. Though on the basis of counter-affidavit as also the fact that there is no document on record to show that the petitioner has genuine certificates, the writ petition is fit to be dismissed, however, a chance is being given to him to bring on record all the certificates in support of his case, as the learned counsel prayed.

8. It is made clear that all the documents that will be brought on record, the original documents must be with the learned counsel for the petitioners so that the Court can check whether those documents are genuine or not.

4. In view of the fact that no one appears on behalf of

Patna High Court CWJC No.13505 of 2015(4) dt.05-02-2024 3/3 the petitioner, the case is dismissed for non-prosecution. (Partha Sarthy, J) Shiv/- U