Alok Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14281 of 2018 ====================================================== Alok Kumar Sinha, Son of Sri Rajdeo Prasad, Resident of MohallaRamanand Path, New Balbhadrapur, Police Station-Laheriasarai, DistrictDarbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar Through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Director, Primary Education, Bihar, Patna.

3. The Director Research and Training Education Department, Government of Bihar, Patna.

4. The District Magistrate, Samastipur.

5. The District Education Officer, Samastipur.

6. The Principal, D.I.E.T, Pusa, District-Samastipur.

7. Sheo Kumar Sharma, Son of Late Mogal Sharma, Begusarai, at Present Posted as Lecturer, D.i.E.T, Pusa, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar For the Respondent/s :

Mr. Subash Chandra Mishra -Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2018 Heard the parties.

Following relief has been sought for in the present application on behalf of the petitioner:

"1. That this is an application on behalf of the petitioner for issuance of a writ of certiorari for quashing/setting aside the office order bearing memo no. 269 dated 22.06.2018 issued by respondent no. 3 whereby and whereunder the private respondent no. 7 has been the Incharge Principal of D.I.E.T., PUSA, District- Samastipur in contravention of clause 28(2) of Bihar Education Service Rules, 2014 and in contravention of

Patna High Court CWJC No.14281 of 2018(2) dt.10-08-2018 2/2 stand taken by the respondent authorities themselves in the counter affidavit filed in C.W.J.C. No. 15019 of 2017 whereas the petitioner has been left with no any post resulting into stoppage of his salary and petitioner further prays for issuance of any other writ/writs, order/orders, direction/directions which the Hon'ble Court may deem fit and proper."

The petitioner is directed to file a representation before the respondent no. 3 (The Director, Research and Training, Education Department, Government of Bihar, Patna) for redressal of his grievances in view of stand taken by the respondent no. 3 in C.W.J.C. No. 15019 of 2017 (Annexure-4 to the writ application).

The respondent no. 3 (The Director, Research and Training, Education Department, Government of Bihar, Patna) is directed to dispose of the representation of the petitioner and pass a necessary order in accordance with law within a period of three months from the date of filing of such representation. With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U