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Patna High CourtCWJC/15565/2022dismissed

Himanshu Kumar Pankaj v. The State Of Bihar

2022-11-24Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15565 of 2022 ====================================================== Himanshu Kumar Pankaj S/o- Akhileshwar Singh R/O- village- Kruaich, near Mahavir Asthan, P.O.- Sasaram, P.S.- Sasaram, Dist.- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the, Department of Education, Principal Secretary, Government of Bihar at Patna.

2.

Principal Secretary, Department of Education, Government of Bihar at Patna. 3.

Ministry of Human Resource Development, through the under Secretary, Department of School Education and Literacy, Government of India, New Delhi. 4.

Under Secretary Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, New Delhi. 5.

District Magistrate, Rohtas at Sasaram, District- Rohtas (Sasaram). 6.

District Programme Officer (Establishment), Rohtas (Sasaram), District- Rohtas (Sasaram).

7.

District Education Officer, Rohtas (Sasaram), District- Rohtas (Sasaram). 8.

Director, Primary Education, Department of Education, Government of Bihar at Patna. 9.

Regional Education Deputy Director, Department of Education Patna Division, Patna. 10.

Block Development Officer, Sasaram, District- Rohtas (Sasaram). 11.

Principal, Primary School, Samradih-2, P.S.- Akhori Gola, Block- Akhori Gola, District- Rohtas (Sasaram).

12.

Mukhiya-cum-Chairman, Gram Panchayat, Niyojan Ikkai-Baligaon, Block- Akhori Gola, District- Rohtas (Sasaram).

13.

Member Secretary-cum-Secretary, Gram Panchayat, Niyojan Ikkai-Baligaon, BlockAkhori Gola, District- Rohtas (Sasaram). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumeet Kumar Singh, Adv.

For the State :

Mr. Madhaw Pd. Yadaw (GP23) Mr. Arvind Kumar, AC to GP23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-11-2022

1. The petitioner challenges the order dated 12.09.2022 passed by the Member Secretary, Gram Panchayat as well as the order dated 28.06.2022 passed by the District Programme Officer (Establishment) whereby the petitioner has been terminated from the post of Panchayat Teacher.

2. Remedy for redressal of his grievance lies under the

Patna High Court CWJC No.15565 of 2022(2) dt.24-11-2022 2/2 Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020 before the concerned District Appellate Authority/State Appellate Authority.

3. Keeping in view the judgment passed by this Court dated 23.02.2022 passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vrs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) P.L.J.R. 80 and the judgment dated 07.03.2022 passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this writ petition is dismissed, with liberty to file an appeal before the District Appellate Authority/ State Appellate Authority. If an appeal is preferred before the District Appellate Authority/State Appellate Authority the same shall be taken-up at the earliest and preferably decided within a period of six months.

(Sanjeev Prakash Sharma, J) shaswat/- Item No. 13 U