Sanjay Kumar @ Sanjay Kumar Nirala v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2605 of 2013 ====================================================== Sanjay Kumar @ Sanjay Kumar Nirala Son of Jeetlal Ram Resident of Village- Khijirpur, P.S.- Keshriya, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director, Primary and Secondary Education Department, Government Of Bihar, Patna 3.

The District Education Officer, Motihari, East Champaran 4.

The Block Education Officer, Block Chiraiya, Motihari, East Champaran 5.

The Principal, Government Middle School, Herbolya, Block- Chiraiya, District- East Champaran 6.

Shri Kishun Ram, Assistant Teacher, Government Middle School Herbolya, Block Chiraiya, District- East Champaran 7.

The Block Development Officer, Block- Chiraiya, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Madhukar Thakur, A.C. to SC 16 For the respondent no.6 :

Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-01-2024

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following reliefs:

"1. That the present application invoking writ Jurisdiction of this Hon'ble Court for issuance of Writ in the nature of quo Warianto or any appropriate writ/Writs, direction/ directions order/orders "for ousting respondent no.-6 from the post of Assistant teacher, Government of Middle School, Herbolya Block Chiraiya, District-East

Patna High Court CWJC No.2605 of 2013(7) dt.08-01-2024 2/2 Champaran"

3. At the outset, learned counsel for the respondent no.6 submits that the respondent no.6 retired during pendency of this application on 31.8.2023 and nothing remains to be decided so far as the instant writ application is concerned.

4. In view of the above fact of the respondent no.6 having retired on 31.8.2023, this application stands disposed of with liberty to the petitioner to pursue the other remedy which may be available to him in accordance with law.

5. Disposed.

(Partha Sarthy, J) Bibhash U