Ram Prasad Keshri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10989 of 2016 ====================================================== Ram Prasad Keshri Son of Late Sheo Kumar Sah resident of VillageDulamchak, P.S.-Chauri, District-Bhojpur ARA presently posted as Assistant Teacher, Upgraded Girls Middle School, Kaulo Dihri, Anchal - Sahar, District- Bhojpur ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Education Department , Govt. of Bihar, Patna 2.

The Director, Primary Education, Education Department, Bihar, Patna. 3.

The Regional Deputy Director of Education, Patna Division, Patna, 4.

The District Magistrate, Bhojpur, Ara.

5.

The Deputy Development Commissioner, Bhojpur, Ara, 6.

The District Education Officer, Bhojpur, Ara, 7.

The District Programmer officer Establishment, Bhojpur, Ara, 8.

The District Programmer Officer Secondary Education, Bhojpur, Ara, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nand Lal Kumar Singh, Advocate Mr. Manish Kumar, Advocate Mr. Rajeev Nayan, Advocate Mrs.Madhuri Lata For the Respondent/s :

Mr. Arvind Kumar, Advocate, AC to GA 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-05-2024

1. The petitioner has challenged the order of punishment passed by the District Programme Officer (Establishment), Bhojpur, Ara i.e. the disciplinary authority by which the petitioner has been awarded the punishment of stoppage of one annual increment with cumulative effect in a departmental proceeding.

2. Learned counsel for the State submits that petitioner without preferring any departmental appeal has directly

Patna High Court CWJC No.10989 of 2016(4) dt.02-05-2024 2/2 approached this Court by way of the present writ application.

3. Learned counsel for the petitioner however submits that the petitioner had filed an appeal before the appellate authority on 03.05.2016 vide Annexure-7 but the same has not been decided.

4. Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has filed appeal before the appellate authority i.e. Regional Deputy Director of Education, Patna Division, Patna on 03.05.2016, the writ application is disposed with direction to the appellate authority to consider the appeal of the petitioner in accordance with law and pass a reasoned order.

5. Liberty is granted to the petitioner to supplement the grounds of appeal and file other documents before the appellate authority, if so advised, within a period of one month from today.

(Anil Kumar Sinha, J) praful/- U