Arbind Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9612 of 2011 ======================================================

1. Arbind Kumar S/O Sri Birendra Singh. Resident of Vill.-Phulwar Gamhariya, P.S.-Banjariya, Distt.-East Champaran .... .... Petitioner

Versus

1. The State Of Bihar Through The Collector, East Champaran.

2. The Block Development Officer, Banjariya, East Champaran.

3. The Block Education Extension Officer, Banjariya, East Champaran.

4. The Mukhiya , Fulwar Uttari Gram Panchayat, Block -Banjariya, Distt.East Champaran.

5. The Panchayat Secretary, Fulwar Uttari Gram Panchayat, Block - Banjariya, Distt. -East Champaran.

6. The Member, Distt.Education Employment Appellate Authority, East Champaran.

7. Arbind Kumar S/O Rajendra Singh. R/O Vill. - Fulwar, Gamhariya, Banjariya, East Champaran.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Respondent/s : Mr. Subhash Pd. Singh Ga7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2017 In the present writ application, the challenge is made to the order dated 28.04.2011 passed by the Member, District Teachers Employment Appellate Authority, East Champaran, by which the appointment of the petitioner on the post of Panchayat Shikshak has been cancelled and Panchayat Niyojan Samiti has been directed to reconsider regarding appointment of Respondent No.7 (Appellant therein) and appeal bearing case No.568/2009 was allowed.

Learned counsel for the petitioner submitted that the issue involved in the present writ petition has already been decided in the case of Smt Renu Kumari Pandey Vs The State of

Patna High Court CWJC No.9612 of 2011 (5) dt.01-11-2017 2/2 Bihar & Others 2011(4) PLJR 297 and the said decision of Renu Kumari Pandey Case (Supra) has been affirmed by the Full Bench of This Court in Kalpana Rani's Case.

Considering the relief sought for by the petitioner in the present case, he is directed to file an appeal before the State Appellate Authority, Patna, within a period of 30 days. The State Appellate Authority shall dispose of the said appeal within the statutory period, in accordance with law.

It has further been pointed out by learned counsel for the petitioner that the petitioner was granted interim protection by this court vide order dated 07.12.2011. The petitioner will be at liberty to file separate application for grant of any interim relief, if so advised, during the pendency of the appeal, within a period of ten days from the date of filing of the appeal. The said application filed by the petitioner shall be disposed of within a period of twenty days.

With the aforesaid observations and directions, this writ application stands disposed of.

(Sudhir Singh, J) Amit/- U