Patna High CourtL.P.A/450/2018disposed

Viveka Nand Jha v. The State Of Bihar And ORS

2018-04-13Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.450 of 2018 IN Civil Writ Jurisdiction Case No. 17931 of 2016 =========================================================== Viveka Nand Jha, Son of Sri Bhimanand Jha, at present working as Headmaster in Dukhmochan Sanskrit Uchcha Vidyalaya, Nungara, Kadwa, District- Katihar. .... .... Appellant/s

Versus

1. The State of Bihar.

2. The Director, Secondary Education, Bihar, Patna

3. The District Magistrate, Katihar.

4. The Special Director ( Secondary Education ), Bihar, Patna

5. The District Programme officer ( Establishment ), Katihar.

6. The Chairman, Bihar Sanskrit Siksha Board, Patna.

7. The Secretary, Bihar Sanskrit Siksha Board, Patna.

8. Pankaj Kumar Jha S/o Awadhesh Kumar Jha Resident of village - Chattar, P.O. Bagnagar, Distt. - Araria

9. Shekhar Chandra Mishra S/o Late Girija Nand Mishra Resident of village - Duashay, P.O. Durgaganj, Distt. Katihar .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Durga Nand Jha, Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 13-04-2018 Delay of 20 days in filing of the appeal is condoned. I.A. No. 2618 of 2018 is allowed and disposed of. Grievance of the petitioner is that an adverse order directing coercive action against him has been passed by the learned Writ Court without noticing the petitioner and without hearing him. If that be so, the petitioner may file an application for

Patna High Court LPA No.450 of 2018 dt.13-04-2018 2/2 review/recall of the order before the writ court to consider the same and if the Court finds that the petitioner has not been heard before passing the order, the Writ Court shall proceed in the matter in accordance with law.

With the aforesaid liberty, for the present, we dispose of the matter.

Till the order in the writ application is not passed, coercive action ordered shall be kept in abeyance. (Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) N.H./- AFR/NAFR NAFR CAV DATE N/A Uploading Date19-04-2018 Transmission Date