Ram Sharan Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.645 of 2017 =========================================================== Ram Sharan Yadav, S/o Sri Ram Sahai Yadav, Resident of Village - Nirpura, Police Station - Goh, District - Aurangabad. At present, Headmaster, Primary School, Nirpura, Block - Goh, District - Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, New Secretariat, Bihar, Patna.

2. The Regional Deputy Director, Education, Magadh Commissionery, Gaya.

3. The District Magistrate, Aurangabad.

4. The District Education Officer, Aurangabad.

5. The District Programme Officer Establishment, Aurangabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Respondent/s : Mr. Madhaw Pd. Yadav- GP23 Mr. Arvind Kumar, AC to GP-23 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 08-05-2018 Heard learned counsel for the petitioner and State.

2. The petitioner is aggrieved by the order dated 13.10.2016 (Annexure-6), which was passed by the District Education Officer, Aurangabad pursuant to the order passed by the Regional Deputy Director of Education, Magadh Division, Gaya.

3. For certain charges, proceeding was initiated against the petitioner and the petitioner was inflicted punishment of dismissal vide order dated 12.03.2014.

4. The petitioner preferred appeal before the Regional Deputy Director of Education, Magadh Division, Gaya. The Appellate authority set aside the order of dismissal of the petitioner with

Patna High Court CWJC No.645 of 2017 dt.08-05-2018 2/2 observation that either the petitioner may submit the utilization certificate in terms of the use of six lakhs and odd or to deposit the same in one time along with the interest.

5. Learned counsel for the petitioner has filed Annexure-7 by way of supplementary affidavit whereby on 19.12.2017, the petitioner has deposited Rs.6,44,695/- by way of cheque.

6. Considering the aforesaid, the respondents are directed to work out the entitlement of the petitioner for payment of dues in the light of the decision of the appellate authority (Annexure2) and the follow up order issued by the District Education Officer, Aurangabad, as contained in Memo no.1626, dated 13.10.2016, within a period of 60 days from the date of receipt/production of a copy of this order.

7. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date09.05.2018 Transmission Date