Charanjeet Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25706 of 2013 ====================================================== Charanjeet Kumar Singh S/O Late Arun Kumar Singh Resident Of Village Olapur Gangour, P.S. Khagaria Gangour, District Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Human Resource Development Department, Govt. of Bihar, Patna. 2.

The District Magistrate, Khagaria.

3.

The District Programme Officer Establishment. 4.

The District Panchayat Raj Officer, Khagaria. 5.

The Sub Divisional Officer, Khagaria.

6.

The Block Development Officer, Khagaria, Olapur Block, Khagaria. 7.

The Block Education Extension Officer, Olapur Block, Khagaria. 8.

Kumar Lalmani W/O Shri Bibhuti Kumar Resident of Village Post Sanhauli, P.S. Khagaria, District Khagaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Tiwary, Adv.

For the Respondent/s :

Ms.Kumari Amrita, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2023 The present writ petition has been filed seeking the following relief:- "1. That this humbly application for quashing the order dated 13-08-2012 passed by the District Teachers Employment Appellate Tribunal, Khagaria in Case No. 01/2012."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the State Teacher's Appellate Tribunal, Patna for challenging the

Patna High Court CWJC No.25706 of 2013(2) dt.19-07-2023 2/3 aforesaid order dated 13.08.2012, passed by the District Teacher's Employment Appellate Tribunal, Khagaria, however, submits that the State Teacher's Appellate Tribunal, Patna be directed to consider the issue of limitation in a sympathetic manner, considering the fact that the petitioner was pursuing an ill adviced remedy and had filed the present writ petition, which has been pending since last ten years.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to challenge the aforesaid order dated 13.08.2012, by filing appropriate appeal/petition before the State Teacher's Appellate Tribunal, Patna and in case such an appeal/petition is filed within a period of four weeks from today, the State Teacher's Appellate Tribunal, Patna shall consider the same, in accordance with law and dispose off the same, expeditiously. It is needless to state that in case any petition is filed by the petitioner for condonation of delay, the same shall be considered sympathetically, especially taking into account the fact that the writ petition, filed by the petitioner, under wrong advice, had been pending, before this Court since about ten years.

Patna High Court CWJC No.25706 of 2013(2) dt.19-07-2023 3/3 The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U