Kamlesh Kumar Ram And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17017 of 2017 ====================================================== 1.

Kamlesh Kumar Ram and Ors Son of Late Jagarnath Ram Resident of Village - Chhapra, P.S. Bagen Gola, District - Buxar. 2.

Sailesh Kumar Son of Late Chandeshwar Das Resident of Village - Pachasa, P.S. - Rahui, Dist - Nalanda.

3.

Ashok Ram Son of Late Bangali Ram Resident of Mohalla - Vetenary College, P.S. - Hawai Adda, Dist - Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Chairman, Bihar School Examination Board, Patna. 3.

The Secretary, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar No. 1 For the State :

Mr. S.C.Mishra -SC16 For the BSEB :

Mr. Satyabir Bharti, Advocate :

Ms. Prachi Pallavi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 08-03-2022 Heard learned counsel for the parties.

In the instant petition, petitioner has prayed for the following relief/reliefs:

"That by the present writ petition, the poor and helpless petitioners craves indulgence before this Hon'ble Court for setting aside

2/4 the illegal, improper, incorrect and unconstitutional order dated 18.08.2017 bearing Memo Easta.

4593 issued by the Secretary Bihar School Examination Board Patna contained in Annexure-7 whereby and where under, without any notice, without any show cause, without providing sufficient opportunities to be heard as provided under Article 311(2) of the Constitution of India not only this violating the orders of Single order dated 20.02.2013 passed in CWJC No. 753 of 2012, also violating the order dated 18.04.2016 passed in I.A. 8644 of 2013 filed in LPA No. 157 of 2013 by Double Bench of Patna High Court and also violating the order dated 02.09.2016 passed in SLP (Civil) 16074/2016 by the Hon'ble Supreme Court, 14 years old regular services of the petitioners have been

3/4 terminated in dictatorship manner which is not permissible in the eye of land, And further for issuance of a writ in the nature of Mandamus directing the respondents to reinstate these petitioners on their respective posts, with full arrears, current and consequential benefits along with appropriate interest cost and compensation.

And further for issuance of any other writ or writs, direction or directions as it may be deemed fit and proper to the facts and circumstances of this case."

The petitioner has not apprised this Court in pleading from what date his oral termination so as to ascertain from the respondents. It is submitted that due to pendency of criminal proceedings, petitioners' services have been orally terminated even to that extent, specific date is not pleaded in the present petition.

Accordingly, petition stands dismissed. In the

4/4 result, I.A. No. 9538 of 2018 stands disposed of as not maintainable reserving liberty to the petitioner to file fresh petition with complete material information like dates and events and in accordance with law.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.03.2022 Transmission Date NA