Abdul Majid v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3001 of 2013 =========================================================== Abdul Majid, s/o Md. Zainul Abedin, r/o village- Sakal Balia, Post Office- SauraZabar, Police Station & Block- Baisi, District- Purnea .... .... Petitioner
Versus
1. The State Of Bihar
2. The Commissioner-Cum-Secretary, Human Resources Development Department, Government Of Bihar, Patna
3. The Director (Primary Education), Government Of Bihar, Patna
4. The Member, District Teacher Appointment Appellate Tribunal, Purnea
5. The District Magistrate Cum Collector, Purnea
6. The District Superintendent Of Education, Purnea
7. The District Education Officer, Purnea
8. The Block Development Officer, Baisi, District- Purnea
9. The Block Education Extension Officer, Block Baisi, District- Purnea
10. The Mukhiya, Gram Panchayat Raj Adhkali Police Station & Block- Dagarwa, Distt.- Purnea
11. The Secretary Gram Panchayat Raj Adhkali, P.S. & Block- Dagrawa, Distt.- Purnea
12. Ahmad Reza S/O Andul Jabbar R/O Village- Berho, P.O.- Chowki Haripur, P.S.-Kadwa, District- Purnea .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, adv. : Mr. Shamshad Alam, adv.
: Mr. Rakesh Mohan Singh, adv.
For the State : Mr. Sunil kumar. Mandal, S.C.-24 : Mr. Arjun Prasad, A.C. to S.C.24 For the Respondent No.12 : Mr. Md. Anis Akhtar, adv. : Mr. Arifdaula Siddiqui, adv.
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 12-07-2016 1.
Heard learned counsel appearing for the respective parties.
2.
The present matter relates to appointment of Panchayat
Patna High Court CWJC No.3001 of 2013 dt.12-07-2016 2/3 Teacher for the second phase of Gram Panchayat Raj Adhkali. 3.
It appears from the order-sheet that the appointment has been made on the roster point from 4396 to 4401 and roster point 4401 has been fixed for vision handicapped person, but wrongly the respondent No.12 has been appointed.
4.
Learned counsel for the petitioner submits that impugned order passed by the appellate tribunal is very cryptic as the same does not deal with the matter in proper manner, without proper consideration of the facts the impugned order has been passed by the appellate Tribunal.
5.
Learned counsel for the respondent No.12 does not dispute that the impugned order is a cryptic one and the same does not deal with the matter.
6.
Learned counsel for the State has also conceded the argument of learned counsel for the petitioner. 7.
In such view of the matter, the order dated 28.07.2011 passed by the Appellate Tribunal, Purnea in Case No.918 is hereby set aside. The matter is remanded to the Appellate Tribunal, Purnea for passing reasoned order after giving proper opportunity to all the
Patna High Court CWJC No.3001 of 2013 dt.12-07-2016 3/3 parties.
8.
With the aforesaid observations and directions, this writ petition is allowed.
(Shivaji Pandey, J) pawan/- AFR/NAFR NAFR CAV DATE Uploading Date 13/7/2016 Transmission Date