Vimlesh Kumar Upadhyay v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14771 of 2016 ====================================================== Vimlesh Kumar Upadhyay Son of Sant Upadhyay, resident of Village Tiyay, Police Station- Ander, District- Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department of Eduction, Government of Bihar, Patna.

3.

The Director Primary Education, Government of Bihar, Patna. 4.

The District Education Officer, Siwan.

5.

The District Programme Officer Establishment, Siwan. 6.

The Block Education Officer, Siswan, Siwan.

7.

The Block Pramukh-cum- Chairman Teachers Selection Unit, Siswan, District- Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Respondent/s :

Mr. Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2024

1. Heard learned counsel for the parties concerned.

2. The petitioner has filed the present writ application, being aggrieved by the order, dated 14.01.2013, vide Memo No. 18, passed by the Block Education Officer, Siswan, Siwan, by which the petitioner has been terminated from the service.

3. Learned counsel for the State submits that the District Appellate Authority has been constituted under the Rules for hearing the grievances of the teachers. The petitioner has directly approached this Court without availing the

Patna High Court CWJC No.14771 of 2016(3) dt.07-05-2024 2/2 remedy before the District Teachers Appellate Authority.

4. In view of the aforesaid submissions, the present writ application is disposed with the liberty to the petitioner to approach the concerned District Teachers Appellate Authority against the impugned order.

5. It is made clear that if an appeal is filed within one month from today, along with condonation of delay petition, the District Teacher Employment Appellate Authority shall consider the same and shall pass a reasoned order, in accordance with law, within a period of six months.

6. With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J) harshpandey/- U