Manager Chaudhary And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9376 of 2018 ======================================================

1. Manager Chaudhary, son of late Indrasan Chaudhary, resident of village Ramnagar, PO Radhaganj, P.S. Bhore, District- Gopalganj, at present working as I/C Headmaster, Middle School Majirawakala, PO Radhaganj, P.S. Fulwaria, District- Gopalganj

2. Janardan Sah, son of Late Jagnath Sah, resident of village Sampur Kala, PO Radhaganj, P.S. Fulwaria, District- Gopalganj, at present working as an Assistant Teacher, Middle School, Majirawakala, PO Radhaganj, P.S. Fulwaria, District- Gopalganj ... ... Petitioner/s

Versus

1. The State Of Bihar through the District Education Officer, Gopalganj

2. The District Education Officer, Gopalganj

3. The District Programme Officer (Establishment) Gopalganj

4. The Block Education Officer, Fulwaria, PO Fulwaria, P.S. Fulwaria, District- Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh, Singh For the Respondent/s :

Mr. Hitesh Suman, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-05-2018 In view of the finding of the Co-ordinate Bench in CWJC No. 12472 of 2016 dated 14.11.2017 that the order of suspension is void ab initio and the District Education Officer has no jurisdiction to pass order of suspension, the suspension order of the petitioners contained in memo no. 919 dated 25.4.2018 cannot sustain. It is accordingly set aside. With the aforesaid, the writ petition stands allowed and disposed of.

(Anil Kumar Upadhyay, J) spandey/- U