Basant Roy @ Basant Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16261 of 2015 ===========================================================

1. Basant Roy @ Basant Rai son of Late Pyare Lal Goal, Resident of Mohalla- Ram Sagar West, P.S.- Civil Lines, District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner-cum-Secretary, Education Department, Government of Bihar, Vikas Bhawan, BIhar, Patna

2. The Director Secondary/Middle School, Education Department, Government of Bihar, Patna

3. The Regional Deputy Director, Magadh Division, Gaya

4. The District Education Officer, Gaya, District- Gaya

5. The District Education Officer, Jehanabad under Magadh Division, Gaya

6. The Principal (Head Master), Kakoo High School, Jehanabad under Magadh Division, Gaya

7. The Head Master Incharge, Adarsh High School, Khajawati, Bodh Gaya, District- Gaya .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma Ms Arpana Kumari For the Respondent/s : Mr. Sudhir Kumar Singh, AC to GA 4 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 19-04-2016 This Court will not get into the nitty-gritty and authenticity of so-called attendance register which the counsel for the petitioner is trying to flaunt before the Court without the same being brought on record by way of any affidavit.

The petitioner is given full liberty to appear before the District Education Officer, produce whatever evidence and material which he has in support of his regular working in the institution in question and if the authenticity of the same is established then may be the respondents will pass a fresh order. Otherwise, with the given

Patna High Court CWJC No.16261 of 2015 dt.19-04-2016 2/2 facts and circumstances, the Court will not interfere with the decision so taken. The Court is further not impressed by the fact that merely because for some reason or the other, no proceeding was initiated against the petitioner for his prolonged absence which gives him a licence to claim that he was not absent.

Writ is disposed of with the above liberty.

(Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 19.4.2016 Transmission Date