Vikash Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9003 of 2012 ====================================================== VIKASH KUMAR S/O Mohan Prasad R/O Vill- Awarahia, P.O.- Parsa, P.S.- Bagaha Block - Bagaha, Distt- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, West Champaran 3.

The District Education Officer, West Champaran 4.

The Block Education Extension Officer, Bagaha-1 West Champaran 5.

The Mukhia, Gram Panchayat, Bhaisahi Padarkhap, Bagaha West Champaran 6.

The Panchayat Secretary Gram Panchayat Raj Bhaisahi Padarkhap, Bagaha - 1 West Champaran 7.

The District Teacher Appointment Appellate Authority, West Champaran 8.

Mahfuz Alam Panchayat Teacher R/O Vill - Ratanmala, Bagaha, West Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra, Advocate For the State :

Ms. Kumari Amrita, GP-10 For the respondent no.5 : Mr. Milind Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-11-2023

1. Heard learned counsel for the petitioner, learned counsel for the respondent-State of Bihar and learned counsel for the respondent no.5. No one appears on behalf of the private respondent no.8.

2. Having heard learned counsel for the parties and in view of the fact that the petitioner has an alternate and efficacious remedy of moving before the State Appellate Authority against the order impugned dated 30.7.2011 passed by

Patna High Court CWJC No.9003 of 2012(6) dt.06-11-2023 2/2 the District Teacher's Appointment Appellate Authority, West Champaran under the Bihar Panchayat Elementary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Condition) Rules, 2020, this writ application is disposed of giving liberty to the petitioner to challenge the order impugned herein before the State Appellate Authority.

3. In case the appeal is filed by the petitioner within a period of six weeks from today, the State Appellate Authority taking into consideration the period for which the instant application was pending before this Court will proceed to decide the appeal on its merits.

4. This application stands disposed of with the aforesaid liberty.

(Partha Sarthy, J) Saurabh/- U