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Patna High CourtCWJC/14930/2024disposed

Tripit Kumar v. The State Of Bihar

2024-09-30Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14930 of 2024 ====================================================== Tripit Kumar, Son of Late Jai Kumar Das, Resident of village and P.O. Sabalpur P.S. Barahat District Banka, Terminated Panchayat Technical Assistant Block Sikati, District Arariya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Rural Development Department Govt. of Bihar, Patna.

2.

The Commissioner Manrega Cum-Chief Executive Officer B.R.D.S Rural Development Department Government of Bihar, Patna. 3.

The District Magistrate cum District Programme Co-ordinator Arariya. 4.

The Deputy Development Commissioner-Cum-Additional District Programme Co-ordinator, Arariya.

5.

The Deputy Development Commissioner Manrega Cell, Arariya. 6.

The Special Work Officer Manrega Cell Arariya. 7.

The Block Development Officer, Sikati, Arariya. 8.

The Programme Officer Sikati Block, Arariya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Nath Singh, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-09-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present Writ Petition has been filed for quashing of the order dated 07.10.2017 contained in Memo No. 1786 issued by the Deputy Development Commissioner Arariya

Patna High Court CWJC No.14930 of 2024(2) dt.30-09-2024 2/3 whereby the services of the petitioner have been terminated and also for quashing of the order dated 05.12.2023 contained in Memo No. 3393 issued by the District Magistrate-cum-District Programme Co-ordinator, Arariya (Annexure -P/6) whereby the representation filed by the petitioner on 27.09.2023 for taking him back in service, has been rejected.

3. Learned Counsel for the State has raised a preliminary objection and submits that from perusal of Letter No. 42 dated 06.01.2024 issued by the Deputy Development Commissioner -cum- Additional District Programme Coordinator, annexed with the Writ Petition, it becomes crystal clear that remedy of appeal is available to the petitioner to challenge the said order before the Principal Secretary, Rural Development Department, Government of Bihar, Patna but instead of preferring the appeal, the petitioner has moved before this Hon'ble Court directly.

4. In this view of the matter, the petitioner is directed to avail his remedy before the appropriate authority i.e. the Principal Secretary, Rural Development Department, Government of Bihar, Patna within 30 days from today. Thereafter, the appellate authority shall pass the order within 90 days from the date of production /receipt of a copy of this order.

Patna High Court CWJC No.14930 of 2024(2) dt.30-09-2024 3/3 The delay, if any, in filing the appeal shall be condoned.

5. With the aforesaid observation and direction, the Writ Petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- U