Kailash Ram And ANR. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1606 of 2014 IN Civil Writ Jurisdiction Case No. 11048 of 2010 ===========================================================

1. Kailash Ram Son of Sri Shivcharan Ram Panchayat Secretary, Gram Panchayat Raj, Mai Parwalpur, P.S.- Parwalpur, District - Nalanda at Bihar Sharif

2. Rita Devi Wife of Late Pramod Kumar Mukhiya Gram Panchayat, Mai, Parwalpur, P.S.- Parwalpur, District - Nalanda at Biharsharif .... .... Appellants

Versus

1. The State of Bihar

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

3. The District Magistrate, Nalanda at Bihar Shariff.

4. The District Superintendent of Education, Nalanda at Biharshariff.

5. Block Development Officer, Parwalpur, Nalanda at Bihar Shariff.

6. Block Education Extension Officer, Parwalpur Nalanda at Bihar Shariff

7. Rajesh Kumar Nirala Son of Sri Parmanand Prasad Resident of Village - Charuipar, P.O.- Charuipar, P.S.- Noorsarai, District - Nalanda .... .... Respondents =========================================================== Appearance :

For the Appellants : Mr. Rakesh Kumar Sharma, Advocate For the Respondent/s : Mr. GA9- ANIL KUMAR SINHA =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 11-05-2017 Heard counsel for the appellants and counsel for the State.

The non compliance of the direction after due adjudication issued by the District Teachers Employment Appellate Authority was the reason for the private respondent to file a writ application, which was allowed by the learned single Judge because the learned single Judge did not find any justification for non-

Patna High Court LPA No.1606 of 2014 dt.11-05-2017 2/2 compliance of the order. In fact, all kinds of tricks were being played by the Panchayat after the adjudication, so as not to implement the order of the Tribunal. This is what compelled the learned single Judge to give a direction for holding of a departmental enquiry both against the Mukhiya and the Panchayat Secretary. The Court will not interfere with the order. When such enquiries are held, they will get adequate opportunity to defend themselves.

Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 12.05.2017 Transmission Date N/A