Md. Mahboob Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11126 of 2018 ====================================================== Md. Mahboob Alam Son of Md. Maqubul Hussain, resident of Village- Kasba Toli, Rizwanpur, P.O.- Sudhani, P.S.- Balia Belon, District- Katihar. ... ... Petitioner/s

Versus

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

2. The Director (Primary) Education Department, Government of Bihar, Patna.

3. District Magistrate cum Collector, Katihar, District- Katihar.

4. The District Education Officer, Katihar, District- Katihar.

5. District Program Officer, Establishment, District- Katihar.

6. The Executive Officer, Nagar Panchayat, Manihari, P.S.- Manihar, DistrictKatihar.

7. The Head Master Urdu Primary School, Manihari, P.S.- Manihari, DistrictKatihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Helal Ahmad, Adv.

For the Respondent/s :

Mr. Madhaw Prasad Yadav -GP23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2018 Heard the parties.

In the present writ application, the following relief has been sought for on behalf of the petitioner :

(1) For issuance of writ in the nature of mandamus and/or any other appropriate writ or writs/direction, is for quashing of order dated 31.05.2018 issued under memo no.196 by Executive Officer, Nagar Panchayat Manihari, District Katihar, respondent no.6 whereby and whereunder the employment of petitioner to the post of Urdu Teacher in the school of respondent no.7 has been declared illegal without issuing any notice or show cause or affording opportunity of

Patna High Court CWJC No.11126 of 2018(2) dt.06-08-2018 2/2 being heard to the petitioner which is violating of principle of natural justice and also violation of procedure of law. During pendency of this writ application stay the operation of impugned order dated 31.05.2018 issued under memo no.196 by respondent no.6 and direct the respondent no.7 to allow the post of continue his service in the school.

Considering the relief sought for on behalf of the petitioner, the petitioner is directed to file a statutory appeal for redressal of his grievance before the District Appellate Authority, Katihar within a period of thirty days from the date of this order and the same shall be disposed of within the statutory period.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U