Patna High CourtCWJC/15691/2010disposed

Rakesh Ranjan v. The State Of Bihar And ORS

2017-08-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15691 of 2010 ====================================================== Rakesh Ranjan, S/O Sital Prasad Choudhary, R/O Vill.- Jagai, P.S.- Banka, Distt.- Banka.

.... .... Petitioner

Versus

1. The State of Bihar through Secretary, Human Resources, New Secretariat, Patna.

2. The District Magistrate, Banka.

3. The District Superintendent of Education, Banka-cum- District Programme Co-ordinator, Banka.

4. The Headmaster, Primary School, Jagai, Distt.- Banka. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Satish Chandra Mishra and Mr. Md. Nurul Hoda, Advocates.

For the State : Mr. Dr. Raj Kumar Singh, A.C. to S.C. 7. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ application, the petitioner has sought for quashing of Letter dated 17.08.2010 bearing Memo No. SSA1172, passed by the District Superintendent of Education-cumDistrict Programme Co-ordinator, Banka. The respondent no. 3, the District Superintendent of Education-cum-District Programme Co-ordinator, Banka, vide Annexure-4 has directed to the Tola Samiti/Headmaster, Primary School, Jagai, Banka, to follow the guidelines laid down for appointment of Tola Sewak. As per the enquiry report,

Patna High Court CWJC No.15691 of 2010 (5) dt.03-08-2017 2/2 irregularities have been pointed out by the Deputy Superintendent of Education, Banka. No adverse order has been issued against the petitioner. The quashing sought for Annexure-4 by the petitioner appears to be misconceived one.

It has been submitted by learned counsel for the petitioner that the petitioner is being restrained from discharging his duty.

Considering the aforesaid facts and circumstances, in my considered view, the petitioner is directed to file a representation before the District Programme Officer (Establishment), Banka, within a period of two months and the same shall be disposed of within a period of three months from the date of filing of representation in accordance with law. With the aforesaid observations and directions, the present writ application stands disposed of.

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