Mohan Prasad Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1543 of 2017 ====================================================== Mohan Prasad Sah Son of Late Yogendra Sah, Resident of Village and P.S. Phenhara, District- Sheohar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Primary Education, Govt. of Bihar, Patna. 3.

The District Education Officer, East Champaran at Motihari. 4.

The District Project Officer, Establishment, East Champaran, Motihari. 5.

The Bihar School Examination Board, Patna through its Secretary. 6.

That Secretary, Bihar School Examination Board, Patna. 7.

The Block Education Officer, Phenhara, District- East Champaran. 8.

The Gram Panchayat, Phenhara P.S. Phenhara, District- East Champaran through its Mukhiya.

9.

That Panchayat Secretary, Gram Panchayat Raj, Phenhara P.S. Phenhara, District- East Champaran.

10.

The Head Mistress, New Primary School Sukhlehiya Math, Gobindara Block- Phenhara, District- East Ch ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anisur Rahman For the Respondent/s :

Ms. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2024

1. Heard learned counsel for the parties concerned.

2. The petitioner has filed the present writ application for direction to the respondents for quashing the order issued under the Memo No. 16, dated 12.12.2016, passed by the Panchayat Secretary-cum-Member, Panchayat Raj, Phenhara, and letter no. 2464, dated 08.018.2016, passed by the District Education Officer, East Champaran, Motihari, by which the engagement/selection of the

Patna High Court CWJC No.1543 of 2017(5) dt.17-05-2024 2/2 petitioner as Panchayat Teacher has been cancelled and recovery of his salary has been ordered.

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 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, 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 reasonable time frame.

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

(Anil Kumar Sinha, J) ashwani/- U