Prem Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17499 of 2022 ====================================================== Prem Kumar Paswan Son of Shri Janardan Paswan, Resident of Village and P.O.- Dadpur, Via- Teghara, P.S.- Bhagwanpur, District- Begusarai, Presently posted as Jila Parishad Madhyamik Shikshak, (Dismissed), A.N. High School, Rani Sakarpura, District- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Collector-cum-District Magistrate, Khagaria. 3.

The District Development Commissioner-cum- Chief Executive Officer, Jila Parishad, Khagaria.

4.

The District Education Officer, Khagaria.

5.

The District Programme Officer, (Establishment), Education Department, Khagaria.

6.

The Chairman, Jila Parishad, Khagaria.

7.

The Head Master, A.N. High School, Ranisakarpura, Khagaria. 8.

The Employment Unit, Jila Parishad, Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Umashankar Prasad, Sr. Adv.

Mr. Kamala Kant Tiwary, Adv.

For the Respondent/s :

Mr. Subhash Chandra Mishra, SC 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 21-12-2022

1. The petitioner has prayed for following relief/reliefs:

"That this is an application for issuance of appropriate writs, orders and directions for commanding the Respondents for quashing the order dated 07.02.2022

Patna High Court CWJC No.17499 of 2022(2) dt.21-12-2022 2/3 (Annexure-7) as contained in Memo no. 63 issued under the signature of Deputy Development Commissioner-cum-Chief Executive Officer, District Board, Khagaria, whereby and whereunder the services of the petitioner as a teacher from Jila Parishad Madhyamik Shikshak, A.N. High School, Rani Sakarpura, District- Khagaria has been terminated/dismissed without giving any proper chance of hearing the petitioner and without serving the termination/dismissal order to the petitoner and be further pleased to stay the operation of order of termination/dismissal of the petitioner as contained in Annexure-7 to the writ petition and be further pleased to grant any other relief/reliefs for which the petitioner is found entitled to."

2. Considering it that this matter is covered by the Judgment dated 23.02.2022, passed in CWJC. NO. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & ors.) and connected matters reported in 2022 (2) B.L.J., 381 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi@ Sushre Minakshi & Anr. Vs. The State of Bihar & ors.), this petition is disposed of with the above terms.

3. If an appeal is preferred before the District Appellate Authority/ State Appellate Authority, the same shall be taken up

Patna High Court CWJC No.17499 of 2022(2) dt.21-12-2022 3/3 at the earliest and preferably decided within a period of six months.

(Sanjeev Prakash Sharma, J) Suraj/- Item No. 26 U