Dhanraj Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5255 of 2016 =========================================================== Dhanraj Choudhary, S/o Late Parmeshwar Choudhary, Resident of VillageSuturkhana (Salempur) P.O. Bank P.S.- Muffasi, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate (D.M.), Munger.

3. The District Education Officer (D.E.O.) Munger cum the District Program Coordinator, Bihar Education Project, Munger.

4. The Block Education Extension Officer (B.E.O.) Town Munger.

5. The Headmaster, Prathmik Vidyalya, Mukhbina, Chay Tola, Munger.

6. The State Project Director, Bihar Education Project Council, Shiksha Bhawan, Saidpur, Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar Choudhary, Advocate For the Respondent/s : Mr. Arvind Ujjwal, SC-25 For Respondent BEPC : Mr. Girijesh Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 17-04-2018 Heard learned counsel for the petitioner and the respondents.

2. The petitioner is aggrieved by the order dated 05.06.2010, as contained in Annexure-7.

3. From perusal of Annexure-7, it appears that the order was passed at the dictate of the District Superintendent of Education-cum-District Programme Officer (Co-ordinator), Bihar Education Project, Munger.

4. Mr. Choudhary, learned counsel for the petitioner submits that the order was passed at the dictate of the superior authority is unsustainable, in view of the law laid down by the Apex

Patna High Court CWJC No.5255 of 2016 dt.17-04-2018 2/2 Court in the case of Purtabpore Co. Ltd vs Cane Commissioner of Bihar & Ors, reported in AIR 1970 SC 1896 where in the similar facts and circumstances, the order passed by the Cane Commissioner was held to be under the dictate by the Chief Minister and the order was interfered by the Apex Court. In the instant case, when the order was passed at the dictate of the District Superintendent of Educationcum-District Programme Officer (Co-ordinator), Bihar Education Project, Munger as is evident from Anexure-7, the order contained in Annexure-7 cannot sustain in view of the law laid down as mentioned above. The order as contained in Annexure-7 is hereby quashed.

5. The quashing of Annexure-7 will not preclude the respondents from passing fresh order in accordance with law.

6. In the meanwhile, the respondents are under obligation to pay the unpaid honorarium to the petitioner within a maximum period of 60 days from the date of receipt/production of a copy of this order.

7. The writ application is allowed to the extent mentioned above.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date23.04.2018 Transmission Date