Patna High CourtCWJC/18503/2014disposed

Sanjeev Kumar v. The State Of Bihar And ORS

2018-09-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18503 of 2014 ====================================================== Sanjeev Kumar, Son of Sri Chandradeo Prasad Yadav Resident of vill+P.OBandehra,P.S-Pasraha,Distt.-Khagaria,presently Mukhiya of Gram Panchayat Raj,Bandehra,Block-Parbatta,Distt.-Khagaria.

... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary ,Govt. of Bihar,Patna

2. The Principal Secretary,Education Department,Govt.of Bihar,Patna.

3. The Director Primary Education,Education Department,Government of Bihar ,Patna

4. The District Education Officer,Khagaria,Distt.-Khagaria

5. The District Programme Officer(Estt.),Khagaria,Distt.-Khagaria

6. The District Teacher Employment Appellate Authority,Khagaria,Distt.- Khagaria through the Presiding Officer.

7. The Block Education Officer,Parbatta,Distt.-Khagaria

8. The Panchayat Secretary Gram Panchayat Raj,Bandehra,BlockParbatta,Distt.-Khagaria

9. The Head Master,Primary School,Bandehra South Tola,P.O-Bandehra,BlockParbatta,P.S-Pasraha,Distt.-Khagaria.

10. Arvind Das Son of Chhote Lal Das Resident of vill+P.O-Mahaddipur,P.SPasraha,Distt.-Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandan, Mr. S B K Mangalam For the Respondent/s :

Mr. Prashant Kumar, AC to SC 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-09-2018 Heard Mr. S B K Mangalam, learned counsel appearing on behalf of the petitioner.

Mr. Mangalam has highlighted manifold infirmities in the decision of the District Teachers Employment Appellate Authority, Khagaria. However, he admits that the scope of appeal is wider than judicial review under Article 226 of the Constitution and in view of availability of the appellate forum before the State Appellate Tribunal it would be appropriate if the

Patna High Court CWJC No.18503 of 2014(2) dt.26-09-2018 2/2 petitioner is granted liberty to file appeal before the appellate authority.

In view of the above, the writ petition is disposed of with liberty to the petitioner to file appeal before the State Appellate Tribunal.

In case the petitioner files an appeal before the Tribunal along with a copy of this order, the appellate authority shall decide the matter on merits after condoning the delay in filing the appeal as the present writ application against the decision of the District Teachers Employment Appellate Authority remained pending in this Court since 03.11.2014. The writ petition stands disposed of with the aforesaid liberty.

(Anil Kumar Upadhyay, J) mrl./- U