Md. Jamil Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.939 of 2022 ====================================================== Md. Jamil Akhtar, aged about 61 years, Male, son of Sk. Abdul Majid, resident of Chaudhary Mohalla, Police Station Katihar, District Katihar. ... ... Petitioner/s

Versus

1.

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

2.

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

The Regional Deuty Director of Education, Purnea Division, Purnea. 4.

The District Magistrate, Katihar.

5.

The District Education Officer, Katihar.

6.

The District Programme Officer (Establishment) Katihar. 7.

The Block Education Officer, Katihar.

8.

Mr. Surendra Sah, Enquiry Officer-cum- Leave Reserve Officer, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Firoz Raza, Advocate Mr. Khatim Reza, Advocate For the Respondent/s :

Ms. Binita Singh, SC 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 09-03-2022 The case is being taken up from defect side.

Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and also remove the defects pointed out by the Registry within two weeks from today.

Learned counsel for the petitioner submits that the District Education Officer, Katihar has not decided the matter

Patna High Court CWJC No.939 of 2022 dt.09-03-2022 2/2 afresh despite of the order passed by the Director in the revision filed by the petitioner against the punishment order. Learned counsel submits that this Court should direct the District Education Officer, Katihar to decide the matter afresh as directed by the Director.

In the opinion of this Court, the issue involved in the present petition is purely an administrative action/inaction amongst the officials of the State. The remedy to the petitioner lies elsewhere. The power of judicial review cannot be converted to administrative superintendence of the officers working in the State executive.

The writ petition is misconceived, and accordingly dismissed.

(Sanjeev Prakash Sharma, J) Anand Kr.

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