Bhuvneshwar Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.948 of 2013 In Civil Writ Jurisdiction Case No.17672 of 2009 ====================================================== Bhuvneshwar Kumar, Son Of Late Shyam Sunder Mahto Resident Of Village Shivpuri Sahiyar Burz P.S. Rosera, District- Samastipur ... ... Appellant/s

Versus

1.

The State Of Bihar through the Principal Secretary, Human Resources Development Department now converted to Education Department, Bihar, Patna.

2.

The District Magistrate, Samastipur, District- Samastipur 3.

District Superintendent Of Education, Samastipur, District Samastipur Now District Programme Office 4.

Sub-Divisional Education Officer, Rosera, District Samastipur 5.

Member, District Teacher Appointment Appellate Authority, Samastipur 6.

The Block Development Officer, Rosera, District Samastipur 7.

The Block Education Officer, Rosera, District Samastipur 8.

Secretary, Gram Panchayat Raj Chakthal West Rosera, District Samastipur 9.

Mukhiya, Gram Panchayat Raj Chakthat West Rosera, District Samastipur 10.

Kameshwar Mandal Son Of Late Bhola Mandal, Resident Of Village Bhatahi, P.S. Hathauri, District- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Durga Nand Jha, Advocate.

For the Respondent/s :

Mr. Ashutosh Ranjan Pandey, AAG 15 Mr. Pawan Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 10-11-2020 Shri Durga Nand Jha, learned counsel for the appellant, states that the Private Respondent has since retired. That apart, appellant desires to pursue the matter before the District Teacher Employment Appellate Authority, Samastipur

Patna High Court L.P.A No.948 of 2013(14) dt.10-11-2020 2/3 by placing the materials on record, including the decision rendered by this Court and the orders passed by the appropriate authority (Annexure-15).

We notice that learned Single Judge vide impugned order dated 15.01.2013 passed in C.W.J.C. No. 17672 of 2009 titled as Bhuvneshwar Kumar Vs. The State of Bihar and others, has already granted liberty to the petitioner-appellant to approach the authority.

As such, as prayed for, the appellant is permitted to raise all the issues before the appropriate authority. Since the petitioner has been pursuing remedies before this Court, if the proceedings before the authority are initiated within a period of next eight weeks, the issue of limitation shall not come in the way and appeal shall be heard and decided on merits.

Shri Ashutosh Ranjan Pandey, learned Additional Advocate General No. 15 and Shri Pawan Kumar, learned Assistant Counsel for learned Advocate General appearing for the State submit that any proceeding initiated by the appellant shall be considered and decided expeditiously and not later than two months from the date of institution.

The Letters Patent Appeal stands disposed of in

Patna High Court L.P.A No.948 of 2013(14) dt.10-11-2020 3/3 the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) sujit/- U