Patna High CourtCWJC/25088/2013dismissed

Shambhunath Kushwaha v. The State Of Bihar And ORS

2015-07-21Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25088 of 2013 ====================================================== Shambhunath Kushwaha S/O Shri Ramapat Kushwaha Resident Of VillageHarpur, P.O. Maheshpur, P.S.- Vijaipur, District- Gopalganj .... .... Petitioner/s

Versus

1. The State Of Bihar, Through The Principal Secretary, Education Department, Government Of Bihar

2. The Director, Primary Education, Education Department, Government Of Bihar

3. The Block Development Officer, Vijaipur, Gopalganj

4. The District Education Officer, Gopalganj

5. The Block Education Officer, Vijaipur, Gopalganj

6. Block Employment Unit, Vijaipur, Gopalganj, Through Its Secretary

7. The Secretary, Block Employment Unit, Vijaipuri, Gopalganj

8. The Chairman, Employment Committee, Vijaypuri, Gopalganj

9. District Program Officer (Esttb.), Gopalganj

10. District Officer-In-Charge, Mid-Day Meal Scheme, Gopalganj

11. Secretary, School Education Committee, Vijaipur, Gopalganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nikhil Kumar Agrawal, Adv & Mr. Santosh Kumar Mishra, Adv For the Respondent/s : Mr. Manikant Mishra GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 21-07-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner is a Prakhand Shikshak and is aggrieved by an order of suspension, this Court is not inclined to interfere in the matter because the petitioner has not exhausted the statutory alternative remedy under Rule-18 of Bihar Panchayat Teacher Appointment Rules-2006. As a

Patna High Court CWJC No.25088 of 2013 (3) dt.21-07-2015 matter of fact, the respondents have brought on record the memo of charge showing that such departmental proceeding pursuant to the order of suspension has already been initiated.

Be that as it may, this Court having found that the petitioner is a Prakhand Teacher is not going to examine any other aspect because the Block Development Officer is the Secretary to the employing unit and definitely has the power to issue order of suspension.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Surendra/- U