Raj Kumar v. The Secretary, Central Board Of Secondary Education

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14952 of 2023 ====================================================== Raj Kumar Son of Bhushan Prasad, Resident of Street No.66, P.O.- Sadaquat Ashram, P.S.- Kurji, District- Patna.

... ... Petitioner/s

Versus

1.

The Secretary, Central Board of Secondary Education New Delhi. 2.

Regional Officer, Central Board of Secondary Education, Patna. 3.

Managing Committee, St. Joseph High School, Bhootnath Road, Kankarbagh, Patna-26.

4.

The Secretary of Governing Body, Admin Office Road no.5, Rajendra Nagar, Patna-16, St. Joseph High School Bhootnath Road, Kankarbagh, Patna-26.

5.

The Director, St. Joseph High School Bhootnath Road, Kankarbagh, Patna26. 6.

The Principal, St. Joseph High School Bhootnath Road, Kankarbagh, Patna26. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devi Das Srivastava, Advocate For the Respondent/s :

Mr. Vinay Krishna Tripthy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-12-2024 Heard learned counsel for the parties.

2. The present application has been filed for quashing the Letter vide Reference No. ADMODFFICE/2023-24 dated 15.09.2023 issued under the signature of Secretary of Governing Body of St. Joseph High School, whereby employment of petitioner has been terminated w.e.f. 15.09.2023 and to reinstate petitioner and pay salary for the period concerned along with all the consequential benefits.

3. At the outset, learned counsel for the State appears and raises preliminary objection with regard to the

Patna High Court CWJC No.14952 of 2023(2) dt.16-12-2024 2/3 maintainability of this writ application on the ground that petitioner has got alternative remedy before the District Appellate Authority under Rule 13 of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020. He further submits that no reason has been assigned, as to why this writ application shall be heard by this Hon'ble High Court, even when alternative remedy to move before the District Appellate Authority is available to the petitioner.

4. Learned counsel for the petitioner is not in a position to dispute the contentions made on behalf of the State.

5. Considering the aforesaid facts and circumstances, this writ petition is disposed of with direction to petitioner to move before the concerned District Appellate Authority by filing appeal and the District Appellate Authority is directed to proceed in the matter and dispose of the same in accordance with law, as expeditiously as possible.

6. With the aforesaid observations and directions, this writ application is disposed of.

7. It goes without saying that if any question of limitation arises before the Appellate authority, the same shall be considered, taking into consideration the fact that the

Patna High Court CWJC No.14952 of 2023(2) dt.16-12-2024 3/3 petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

(Prabhat Kumar Singh, J) Navya/- U