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Patna High CourtCWJC/12973/2011disposed

Md.Mustafa v. The State Of Bihar And ORS

2017-07-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12973 of 2011 ====================================================== Md. Mustafa, S/O Late Md. Husain, R/O Vill.- Raksha Rahimpur, P.O.- Dhaka, P.S.- Dhaka, Distt.- East Champaran at Motihari. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary Human Resources Development Department, Govt. Of Bihar, Patna.

3. The District Magistrate, East Champaran at Motihari.

4. The District Teacher Appointment Appellate Authority, Distt.- East Champaran Motihari its Member.

5. The District Superintendent Of Education, Distt.- East Champaran at Motihari.

6. The Block Development Officer, Block- Dhaka, Distt.- East Champaran at Motihari.

7. The Block Education Extension Officer, Block- Dhaka, Distt.- East Champaran at Motihari.

8. The Mukhiya Gram Panchayat Jacamar, Block- Dhaka, Distt.- East Champaran at Motihari.

9. The Panchayat Secretary Gram Panchayat Jhauram, Block- Dhaka, Distt.- East Champaran at Motihari.

10. Md. Atiulah, S/O Md. Ishahaque, R/O Vill.- Raxa Rahimpur, P.O. +P.S. - Dhaka, Distt.- East Champaran, Motihari.

11. Bihar School Examination Board, Patna through its Secretary. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Rajendra Prasad Singh, Sr. Advocate and Mr. Mukesh Kumar, Advocate.

For the State : Mr. Lalit Kishore, P.A.A. G. 1 and Mr. Gyan Shankar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2017 Heard learned senior counsel for the petitioner and learned counsel for the State.

The petitioner, in the present writ application, has sought for quashing of the order dated 07.07.2011, passed by the District Teachers Employment Authority, East Champaran at Motihari,

Patna High Court CWJC No.12973 of 2011 (10) dt.19-07-2017 2/2 respondent no. 4, vide Case No. 594 of 2010, whereby the appointment of the petitioner on the post of Panchayat Teacher has been cancelled and order for reinstatement of the respondent no. 10 has been passed.

The petitioner is directed to prefer an appeal before the State Appellate Authority, challenging the order dated 07.07.2011, passed in Case No. 594/2010 by the Member, District Teachers Employment Appellate Authority, East Champaran at Motihari, within a period of thirty days from the date of the order which shall be disposed of in accordance with law within the statutory period.

It has been pointed out by learned senior counsel for the petitioner that the petitioner was granted interim stay by this Court vide order dated 21.09.2011. The petitioner will be at liberty to file a separate application before the State Appellate Authority, if so advised, for any interim stay during the pendency of the appeal.

With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U