Suyendra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19925 of 2010 ====================================================== Suyendra Prasad Singh S/O Late Balli Singh R/O Vill.- Raibhir, P.S.- Shankarpur, Distt.- Madhepura .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Director, Primary Education, Bihar, Patna

3. The District Superintendent of Education, Madhepura

4. The Sub-Divisional Officer, Madhepura

5. The Block Development Officer, Shankarpur, Madhepura

6. The Block Education Extention Officer, Shankarpur, Madhepura

7. The Mukhiya, Gram Panchayat Rampur Lahi, Shankarpur, Madhepura

8. The Panchayat Sachiv, Gram Panchayat Rampurlahi, Shankarpur, Madhepura

9. The Dy. Secretary (TT Cell), Bihar School Examination Board, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Prasad For the Respondent/s : Mr. Satya Prakash Tripathi For the BSEB (Board) : Mr. A.B. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-01-2015 Heard.

The petitioner was appointed as the Panchayat Teacher (PT). Subsequently, on verification, the marks sheet furnished by the petitioner was found fake. Accordingly, the Panchayat Secretary of the Gram Panchayat terminated/removed the petitioner from the post of PT. Aggrieved thereby, the petitioner has filed the present writ application contending that from Annexure-7 it would appear that the marks sheet of the petitioner was genuine.

Patna High Court CWJC No.19925 of 2010 (4) dt.23-01-2015 2 / 2 Be that as it may, if any grievance relating to the engagement/termination concerning the post of PT is sought to be raised the Rule which was subsequently amended itself provides a remedy of filing an appeal before the District Teachers' Employment Appellate Authority (Authority).

Mr. Prasad states that if the petitioner is directed to file an appeal the same may be barred by limitation. Having heard the parties, the application is disposed of permitting the petitioner to raise a grievance before the Authority as raised in the present writ application which shall be considered and disposed of in accordance with law. If any appeal is preferred within five weeks from today, the Authority will consider the same on its own merit without raising any issue with regard to limitation and dispose of the same in accordance with law as quickly as possible preferably within three months therefrom. (Kishore Kumar Mandal, J) HR/- U