Mithilesh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12096 of 2015 ====================================================== Mithilesh Kumar Singh S/o Buchi Singh, Resident of village- Piprahi, P.S.- Raghopur, District- Supaul.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna 2.

The District Magistrate, Supaul.

3.

The District Education Officer, Supaul.

4.

The Block Development Officer, Raghopur, Supaul. 5.

The Block Education Extension Officer, Raghopur, Supaul. 6.

The Teachers Appellate Tribunal, Supaul.

7.

The Panchayat Secretary, Gram Panchayat- Motipur, Block- Raghopur, Supaul.

8.

The Mukhiya, Gram Panchayat- Motipur, Block- Raghopur, Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Sarvesh Kumar Singh, A.A.G. 13 Mrs. Sunita Kumari, A.C. to A.A.G.-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2022 No one appears for the petitioner.

Learned counsel for the State submits that the present writ application has been filed against the order dated 26.04.2014 passed by the District Teachers Employment Appellate Tribunal, Supaul whereas the impugned order is further appealable before the State Appellate Authority. The petitioner has not availed alternative remedy and has directly approached this court by way of present writ application. In view of the submissions made by learned State

Patna High Court CWJC No.12096 of 2015(2) dt.13-12-2022 2/2 counsel, this writ petition is disposed of with liberty to the petitioner to file appropriate appeal before the State Appellate Authority within one month. If appeal is filed within the aforesaid period, the learned State Appellate Authority may consider the fact that petitioner had chosen wrong forum while taking into consideration the condonation petition filed by the petitioner for condonation of delay.

(Anil Kumar Sinha, J) praful/- U