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Patna High CourtCWJC/12061/2025disposed

Sanjay Ram v. The State Of Bihar

2025-07-28Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12061 of 2025 ====================================================== Sanjay Ram S/o Harishankar Ram, R/o Village- Barhara, P.S.- Kataiya, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through The Additional Chief Secretary, Education Department, Patna.

2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The District Magistrate, Gopalganj.

4.

The District Education Officer, Gopalganj.

5.

The District Programme Officer (Establishment), Gopalganj. 6.

The Panchayat Samiti, Panchdewri, Goplaganj, through its Secretary Block Development Officer, Panchdewri, Goplaganj.

7.

The Pramukh, Panchayat Samiti, Panchdewri Block, Gopalganj. 8.

The Block Development Officer-cum-Secretary of Panchayat Samiti, Panchdewri Block, Gopalganj.

9.

The Block Education Officer, Panchdewri, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyan Prakash, Advocate For the Respondent/s :

Mr. Yogendra Pd. Sinha, AAG-7 Mr. Rajeev Kumar Sinha, AC to AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 28-07-2025 Heard Mr. Gyan Prakash, learned counsel for the petitioner and Mr. Yogendra Prasad Sinha, learned counsel for the respondents.

2. The petitioner's services as Block Teacher was terminated by an order dated 26.11.2016 issued by the Block Development Officer, Panchdewri (Annexure-P/11 to the writ petition). The petitioner had challenged the aforesaid

Patna High Court CWJC No.12061 of 2025(2) dt.28-07-2025 2/3 termination order by filing an appeal No. 51/2017 before the District Appellate Authority, Gopalganj which was disposed of by an order dated 05.06.2024 by the District Appellate Authority. The order dated 05.06.2024 passed by the District Appellate Authority, Gopalganj is stated to be not in favour of the petitioner, that is how the petitioner is before this Court challenging the order dated 05.06.2024 passed by the District Appellate Authority, Gopalganj as well as the order of termination 26.11.2016 issued by the Block Development Officer, Panchdewri (Annexure-P/11 to the writ petition).

3. The present writ petition challenging the order passed by the District Appellate Authority appears to have been filed without availing the statutory appeal provided under the Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal and Appeal) Rules, 2020 before the State Appellate Authority.

4. Under the circumstances, this writ petition is hereby disposed off with a liberty granted to the petitioner to prefer an appeal before the State Appellate Authority, challenging the order of termination 26.11.2016 issued by the Block Development Officer, Panchdewri as well as the order dated 05.06.2024 passed by the District Appellate Authority,

Patna High Court CWJC No.12061 of 2025(2) dt.28-07-2025 3/3 Gopalganj.

5. Learned counsel for the petitioner has further prayed that the delay in filing the appeal before the State Appellate Authority may be condoned by this Court.

6. Prayer is rejected. Inasmuch as in doing so, this Court would be usurping to the power and jurisdiction granted to the State Appellate Authority under the law.

7. The writ petition stands disposed off with the above direction.

(Nani Tagia, J) Nishant/- U