Ajit Kumar Ojha v. The State Of Bihar And ORS

Patna High Court CWJC No.6810 of 2013 (6) dt.05-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6810 of 2013 ======================================================

1. Ajit Kumar Ojha Son Of Sri Anjani Kumar Ojha Resident Of Village Sadha Damber , (Ojha Tola) Panchayat Nagar Post Office Motipur, Police Station Motipur, District Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Collector/District Officer, East Champaran Motipur

3. The District Education Superintendent-Cum-District Education Officer, Motihari East Champaran

4. The Block Development Officer, Kalyanpur Block East Champaran, Motihari

5. Block Education Officer, Kalyanpur, District East Champaran, Motihari

6. Panchayat Secretary, Siswa Kharar Panchayat Kalyanpur Block District East Champaran Motihari

7. Mukhiya Of Siswa Kharar Panchayat Block Kalyanpur District East Champaran Motihari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukund Mohan Jha, Advocate. For the State : Mr. Anil Kumar Verma, AC to AAG 9. For respondent no.8 : Mr. Madhurendra Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-08-2016 Heard learned counsel for the petitioner and learned counsel for the State as well as respondent no.8. In the present writ petition, a very limited grievance has been raised by the petitioner that his grievance with regard to his selection as Panchayat Teacher is under consideration in Appeal No.773 of 2011.

It appears from the order dated 31.1.2013 of the Appellate Tribunal that the matter was kept pending on account of the fact that records were not supplied to the

Patna High Court CWJC No.6810 of 2013 (6) dt.05-08-2016 Tribunal for consideration by the Panchayat Secretary. From the counter affidavit it appears that then Panchayat Secretary has been prosecuted for his misdemeanor in not co-operating with the proceeding before the Appellate Tribunal and Prapatra "K" has been issued against him for proposed departmental proceeding. It has also been stated that records with respect to selection of Panchayat Teacher relating to second phase has already been received by the Tribunal.

In such circumstances, Appellate Tribunal, Motihari is directed to decide the case of the petitioner in accordance with law within a period of six months from the date of receipt/production of a copy of this order and respondents authorities are also directed to conclude the departmental proceeding against the then Panchayat Secretary within a period of three months from the date of receipt/production of a copy of this order.

With the aforesaid observation this writ petition is disposed of.

Vinay/- (Shivaji Pandey, J) U