Bipin Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14582 of 2023 ====================================================== Bipin Kumar Thakur Son of Late Sita Ram Thakur, Resident of VillageSimarkon, P.S.-Benipatti, District-Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

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

The District Magistrate, Madhubani.

4.

The District Education Officer, Madhubani.

5.

The District programme Officer (Establishment), Madhubani. 6.

The Block Development Officer, Benipatti, Madhubani. 7.

The Block Education Officer, Benipatti, Madhubani. 8.

The Mukhiya, Gram Panchayat Raj, Sahpur, Madhubani. 9.

The Panchayat Secretary, Gram Panchayat Raj, Sahpur, Madhubani. 10.

The Headmaster, Government Primary School, Hathiyarwa, BlockBenipatti, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Respondent/s :

Mr.Smt. Binita Singh ( Sc 28 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2024 Heard learned counsel for the parties.

2. This writ application has been filed for quashing the order contained in Memo No. 22 dated 14.10.2022 issued by the Panchayat Secretary Gram Panchayat Sahpur Madhubani I. E,. respondent No. 9 whereby, service of the petitioner as Panchayat Teacher has been cancelled and for directing the respondents to reinstate the petitioner back into service with all consequential benefits.

Patna High Court CWJC No.14582 of 2023(2) dt.12-12-2024 2/3 3 . At the outset, learned counsel appearing on behalf of the State raises preliminary objection to the effect that an alternative Statutory remedy is available to the petitioner to move before the District Appellate Authority by way of filing appropriate application under Section 13 of Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020 (hereinafter referred as "Rules, 2020"), which deals with the power and functions of the District Appellate Authority.

4. Since the petitioner has got statutory alternative remedy to move before the District Appellate Authority under Rule 13 of the Rules 2020, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

5. In view of the aforesaid facts and circumstances, petitioner is directed to file an application before the District Appellate Authority in accordance with law.

6. In the event, such application is filed by the petitioner, the authority concerned is directed to dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, as expeditiously as possible.

7. With the aforesaid observations and directions, this writ application stands disposed of.

Patna High Court CWJC No.14582 of 2023(2) dt.12-12-2024 3/3

8. It goes without saying that if any question of limitation arises before the District Appellate Authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India .

(Prabhat Kumar Singh, J) Koushik/- U