Sanjay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16574 of 2016 ====================================================== Sanjay Kumar Singh Son of Sri Parshu Ram Singh, resident of VillageAmba, P.O.- Saduri, P.S.- Naroni Kala Khurd, Distt.- Aurangabad (Bihar). ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Human Resource Development, Govt. of Bihar, Patna.

2. The District Magistrate, Aurangabad.

3. The District Education Officer, Aurangabad.

4. The District Programme Officer (Establishment), Aurangabad.

5. The Block Development Officer cum Executive Officer, Panchayat Samiti, Block Barun, District- Aurangabad.

6. The Block Education Officer, Block Barun, Distt.- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Verma, Advocate For the Respondent/s :

Mr. Madhaw Prasad Yadav-GP23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner was terminated by the order dated 20th August, 2016 contained in Annexure-10 to the writ petition. The order indicate that not only the petitioner was terminated but he was also directed to deposit the honorarium received in one go. The order as contained in Annexure-10 is amenable to the forum of District Teachers Employment Appellate Authority and as such at this stage this Court is not inclined to interfere with the order. Factual enquiry is required to be made in a proceeding under the scheme of the Rule before the District Teachers

Patna High Court CWJC No.16574 of 2016(2) dt.08-02-2018 2/2 Employment Appellate Authority.

Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the District Teachers Employment Appellate Authority within one month from today. In case such appeal is filed before the District Teachers Employment Appellate Authority within the time indicated hereinabove, the Appellate Authority will consider the case of the petitioner on its own merit and decide the case within a period of three months from the date of filing of the appeal. The Appellate Authority is required to consider the petition for grant of interim relief on its own merit, if filed by the petitioner along with the appeal and decide the same expeditiously.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U