Md. Mobin Zafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8573 of 2020 ====================================================== Md. Mobin Zafar son of Md. Fakhrullah resident of village- Rudalpur, Police Station- Jalalpur Saran, District- Saran (Chapra), Pin- 841412. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary-cum- Principal Secretary, Education Department, Bihar, Patna. 2.

The Director (Secondary Education), Bihar, Patna. 3.

The Deputy Director, Secondary Education, Bihar, Patna. 4.

The District Education Officer, Saran, Chapra. 5.

Regional Deputy Director Education, Saran, Chapra. 6.

The District Programme Officer, Establishment, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Ranjan, Adv.

For the Respondent/s :

Mr. Ram Vinay Prasad Singh, AC to GA XII ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 25-04-2022 Heard the parties.

The following relief is sought for by the petitioner in this writ petition :

"Challenging the final order in the departmental proceeding contained in Memo No. 2333 dated 5.11.2019 whereby the petitioner has been inflicted a punishment to the effect that he would be reduced to the basis (initial) grade by pay in his scale on erroneous consideration of facts and law. The petitioner also challenges the action of the

Patna High Court CWJC No.8573 of 2020(6) dt.25-04-2022 2/2 respondent authority in issuing memo no. 2332 dated 5.11.2019 where he was asked to deposit Rs.45500/- in the facts of the case and prays for grant of any other relief(s) which he is found entitled to in the facts of the case;"

It has been pointed out on behalf of the State that against the order under challenge an appeal will lie before the Principal Secretary, Education Department, Bihar. Considering the aforesaid fact the petitioner is directed to file an appeal before the Principal Secretary, Education Department, Bihar, respondent no. 1, who shall consider the same and pass appropriate order in accordance with law, preferably within a period of three months from the date of filing of such appeal.

With the aforesaid observations and directions this writ petition stands disposed of.

(Sudhir Singh, J) ( Sanjeev Prakash Sharma, J) Shamshad/- U