Gopal Shankar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.979 of 2018 =========================================================== Gopal Shankar Singh, Son of Lakshmi Narayan Singh, Resident of VillageRampur, P.S.- Madhusudanpur, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna.

2. The Director, Primary Education, Department of Education, Government of Bihar, New Secretariat, Patna.

3. The Regional Deputy Director of Education (R.D.D.E.), Bhagalpur Division, Bhagalpur.

4. The District Education Officer, Bhagalpur-Cum-Chairman, District Primary Teachers Promotion Committee, Bhagalpur, District-Bhagalpur.

5. The District Programme Officer, (Establishment) Education Department, Bhagalpur-Cum-Member Secretary, District Primary Teachers Promotion Committee, Bhagalpur, District-Bhagalpur.

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

For the Petitioner/s : Mr. Ashok Kumar Choudhary, Advocate Mr. Manoj Kumar Jha, Advocate For the Respondent/s : Mr. S.K. Ranjan, AC to GP-17 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 20-04-2018 Heard learned counsel for the petitioner and the learned counsel for the State.

2. The petitioner is aggrieved by the action on the part of the respondents in the matter of implementation of the decision of Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur.

3. Mr. Ashok Kumar Choudhary, learned counsel for the petitioner has drawn the attention of the Court to the order passed by the R.D.D.E., Bhagalpur Division, Bhagalpur, contained in

2/5 Annexure-9. The Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur, passed the order considering the decisions of the promotion Committee dated 20.11.2015.

4. The relevant part of the order contained in Annexure 9, reads as follows:

3/5

5. After the order of the Regional Deputy Director of

4/5 Education, Bhagalpur the Departmental Promotion Committee is required to consider the case of the petitioner but from the pleading, it appears that the direction of RDDE, Bhagalpur, contained in Annexure-9, was not acted upon.

6. Aggrieved by the inaction on the part of the respondents, the petitioner filed the present writ Application.

7. Learned counsel for the petitioner submits that in a system governed by rule of law, the order passed by the competent authority is required to be religiously followed by all concerned. Unfortunately, the authorities, who are obliged to implement the direction of the RDDE, Bhagalpur Division, Bhagalpur has not bothered to implement the direction of the R.D.D.E., Bhagalpur, and as a result of their inaction, the petitioner has been forced to file the present writ application.

8. Considering the aforesaid circumstance, the Court is constrained to issue direction to the RDDE, Bhagalpur Division, Bhagalpur to see that the order dated 29.04.2017 passed by the RDDE, Bhagalpur contained in Annexure-9, is implemented in its letter and spirit and all officers to whom the decision was required to implement may be saddled with appropriate action including the coercive action so that the officers may not dare to defy the direction of the superior officials. The RDDE, Bhagalpur is required to ensure

5/5 compliance of his own order dated 29.04.2017 in its letter and sprit preferably within a period of 60 days from the date of receipt/production of a copy of this order.

9. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.04.2018 Transmission Date