Patna High CourtCWJC/12459/2011disposed

Sadanand Tripathi v. The State Of Bihar And ORS

2017-07-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12459 of 2011 ====================================================== Sadanand Tripathi, S/O Late Ramadhar Tripathi, R/V Laxanpur , P.OJamira, P.S-Ara Muffasil, District-Bhojpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. The State of Bihar through Principal Secretary, Human Resources, Development Department, Bihar.

3. The Director Primary Education Bihar Patna.

4. The District Magistrate, Bhojpur.

5. The District Superintendent of Education Bhojpur.

6. The Block Development Officer, Ara.

7. The Mukhiya Jamira Gram Panchayat, Arrah.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ranjan Kumar Dubey, Advocate. For the State : Mrs. Manisha Prakash, A.C. to A.A.G. 14. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner submits that the order contained in Memo No. 1681 dated 12.07.2011 has been passed by the District Magistrate, Bhojpur, Ara, respondent no. 3, in respect to the petitioner who happens to be the Panchayat Teacher. The said order passed by the District Magistrate, Ara, is without jurisdiction.

The petitioner is directed to file an appeal before the District Teachers Employment Appellate Authority, Bhojpur at

Patna High Court CWJC No.12459 of 2011 (4) dt.19-07-2017 2/2 Ara, for redressal of his grievance against the order contained Memo No. 1681 dated 12.07.2011, passed by the District Magistrate, Ara, within a period of thirty days from the date of the order which shall be disposed of by the District Teachers Employment Appellate Authority, Ara, in accordance with law within the statutory period.

It has been submitted on behalf of learned counsel for the petitioner that the interim protection has been granted to the petitioner in the present writ application vide order dated 03.08.2011.

The petitioner will be at liberty to file a separate application before the District Teachers Employment Appellate Authority, Ara, if so advised, for any interim relief during the pendency of the appeal.

With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U