Vidya Sagar Ojha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.739 of 2017 ====================================================== Vidya Sagar Ojha Son of Shri Janardan Ojha, resident of Village - Harpur, P.O. and P.S. - Raghunathpur, District - Siwan, presently posted as Prakhand Shikshak, Utkramit Madhya Vidyalaya, Narahan, Gram Panchayat Raj, Narahan, District - Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Joint Secretary, Human Resources Department, Govt. of Bihar, Patna. 3.

The District Programme Officer Establishment, Siwan, District - Siwan. 4.

The Block Development Officer-cum-Secretary, Block Teacher's Employment Unit, Raghunathpur, Distric 5.

The Block Education Extension Officer, Raghunathpur, District - Siwan. 6.

Utkramit Madhya Vidyalaya, Narhan, District - Siwan. 7.

The Headmaster/Incharge Headmaster, Integrated Middle School, Narhan Siwan.

8.

The Mukhiya, Gram Panchayat Raj, Narhan Block, Raghunathpur, District - Siwan.

9.

The Panchayat Secretary, Gram Panchayat Raj, Narhan, Block - Raghunathpur, District - Siwan.

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

For the Petitioner/s :

Dr/ Umashankar Prasad, Sr. Advocate :

Mr.Kamala Kant Tiwary, Advocate For the Respondent/s :

Mr.Subhash Chandra Mishra- SC 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-06-2024 1.

Heard learned counsel for the parties concerned. 2.

The petitioner has filed the present writ application for quashing Memo no. 2293 dated 05.08.2015, issued by the District Programme Officer Establishment, Siwan as also for quashing Memo no. 463 dated 28.08.2015, issued by B.E.E.O. Raghunathpur (Siwan), directing the Headmaster/Incharge

Patna High Court CWJC No.739 of 2017(6) dt.27-06-2024 2/2 Headmaster, Integrated Middle School, Narhan Siwan i.e. respondent no. 7 to stop salary of the petitioner and also start process for his termination and also the consequential letter. 3.

In view of the nature of dispute, the petitioner is granted liberty to approach the District Appellate Authority, by filing an appeal, against the orders dated 05.08.2015 and 28.08.2015.

4.

It is made clear that if an appeal is filed by the petitioner within a period of four weeks from today, along with a petition for condonation of delay, the District Appellate Authority shall consider the same and pass a reasoned order, in accordance with law, after giving an opportunity of hearing to the person(s) concerned.

5.

With the aforesaid observations and directions, the writ application is disposed.

(Anil Kumar Sinha, J) rinkee/- U