Sri Chandradeo Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15824 of 2018 ====================================================== Sri Chandradeo Singh S/o Late Banbari Singh resident of Village and PostRampur, P.S.- Bakhtiarpur, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Secretary Bihar School Examination Board, Patna. 3.

Director Literacy, Bihar School Examination Board, Patna. 4.

Director Secondary Education Bihar Patna. null null 5.

District Magistrate Saharsa.

6.

District Education Officer Saharsa.

7.

District Programme Officer RSMA Saharsa.

8.

Sub- Divisional Magistrate Simribakhtiyarpur under District Saharsa. 9.

Block Education Officer Simri Bakhiarpur, District- Saharsa. 10.

Sri Arvind Kumar Singh In-chargee Headmaster, Banbari Singh High School Rampur under PS Simribakhti ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Respondent/s :

Mr.Ashutosh Ranjan Pandey -Aag15 Mr. Rjeev Shekhar ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 08.08.2018 is listed for hearing for the first time today before the Court. Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief:

2/4 "(i)For issuance of appropriate writ/order/direction commanding the respondent Bihar School Examination Board to recognize the Managing Committee constituted by the Donor, & surrounding villagers whose village's students is studying in the school as per the Press Communique No. 8/2017 published by Bihar School Examination Board published in Dainik Jagran newspaper dated 19.01.2017 & remove the In-charge Headmaster who has defalcated the entire Grants as also the Funds of the School.

(ii) For issuance of appropriate writ/order/direction commanding the respondent Bihar School Examination Board to enquire the embezzlement & Siphoning of more than Rupees one Crores by In-incharge Headmaster (respondent no.10 ) and upon receipt of enquiry report initiate disciplinary action against the In-charge Headmaster (Respondent No.10).

(iii) For appropriate writ/order/direction commanding the respondent that the direction be given to the respondent No.7 and 8 that the withdrawal from the Account shall be made by Joint Signature of In-charge Headmaster & the senior Teacher who is not any way related with the in-charge

3/4 Headmaster & that too shall be withdrawn under the supervision of Managing Committee as per the Circular.

(iv) For grant of any other relief or reliefs to which the petitioner be found entitled in law be granted to them."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today.

Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law,

4/4 before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U