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Patna High CourtCWJC/16167/2015dismissed

Surendra Ram v. The State Of Bihar And ORS

2023-02-23Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16167 of 2015 ====================================================== Surendra Ram son of Sri Rama Ram resident of village Athari Police Station Runnisaidpur, District - Sitamarhi.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Programme Officer Establishment, Sitamarhi. 3.

The Block Development Officer, Runnisaidpur, Sitamarhi. 4.

The Block Education Officer, Runnisaidpur, Sitamarhi. 5.

The Panchayat Secretary Gram Panchayat Raj, Athari Runnisadipur, Sitamarhi.

6.

The Heasmaster, Primary School, Mardidih, Runnisaidpur, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the State :

Mr.Prabhakar Jha, GP 27 Mr.Shankar Kr. Thakur, AC to GP 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-02-2023 The petitioner by way of this writ petition has prayed as under - "This writ application is being directed against the memo no.8 dated 3.12.14 (contained in Annexure 5) passed by the Respondent no.5, whereby and whereunder the petitioner has been dismissed from service under Rule 15 Clause (Chh), Sub Clause (ii) of the Bihar Panchayat Primary Teacher (Appointment and Service Condition Rule, 2012) without properly considering the case of the petitioner."

2. Admittedly, the petitioner is a Panchayat Teacher and would be amenable to jurisdiction under the District Appellate Authority. Keeping in view the law laid down by this

Patna High Court CWJC No.16167 of 2015(2) dt.23-02-2023 2/2 Court in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022

(2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), the writ petition is dismissed with liberty to file appeal before the concerned District Appellate Authority.

(Sanjeev Prakash Sharma, J) Chn/- Item No.47 U