Subhash Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5535 of 2016 ====================================================== Subhash Prasad Son of Maheshwari Prasad resident of Village & PO Raghunathpur, Police Station -Sahebpur Kamal, District Begusarai. .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Begusarai.

3. The District Programme officer, Begusarai;

4. Thje District Education Officer, Begusarai.

5. The Sub-Divisional Officer, Begusarai.

6. The Block Education Officer, Sahabpur Kamal

7. The Block Development Officer-cum-Secretary, Block Teacher Employment Unit, Sahebpur Kamal Begusarai.

8. The Secretary, Gram Panchayat , Raghunath Barari Begusarai.

9. The Mukhiya, Gram Panchayat , Raghunath Barari Begusarai. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vipin Kumar Singh For the Respondent/s : Mr. Ashok Priyadarshi, GA-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2018 Heard the parties.

Following reliefs have been sought for in the present writ application on behalf of the petitioner: (i) For issuance of a writ in the nature of certitorari or any other appropriate writ/direction/order for quashing the order dated 21-12-2014 contained in letter No.

2607 issued by the Block Development Officer-cum-Secretary, Block Teacher Employment Unit, Sahebpur Kamal

Patna High Court CWJC No.5535 of 2016 (6) dt.24-07-2018 (Begusarai) whereby the petitioner has been dismissed from the post of Panchayat Teacher and further the petitioner has been directed to deposit the amount which has been withdrawn by him during his service, before District Programme Officer (Estt).

(ii) For issuance of a writ in the nature of mandamus or any other appropriate writ commanding the respondent authorities to reinstate the petitioner on the post of Panchayat Teacher.

(iii) For holding that the respondentauthority only reliance upon the voter list, which is not admissible in the Court of law, dismissed the petitioner from the post of Panchayat Teacher and such action is illegal, arbitrary and unsustainable and against the settled principle of law.

Considering the facts and circumstances of the case, the petitioner is directed to prefer a statutory appeal before the District Appellate Authority, Begusarai within a period of thirty days from the date of order and the same shall be disposed of by the District

Patna High Court CWJC No.5535 of 2016 (6) dt.24-07-2018 Appellate Authority, Begusarai within the statutory period. With the aforesaid observation/direction, the present writ application stands disposed of.

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