Rahul Ranjan Shrivastava @ Rahul Ranjan Kumar Shrivastav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16373 of 2023 ====================================================== Rahul Ranjan Shrivastava @ Rahul Ranjan Kumar Shrivastav S/o Sheo Kuamr Shrivastav Resident of Village Maharani Pandohi, P.S. Mohamadpur, District-Gopalganj.

... ... Petitioner/s

Versus

1 .

The State of Bihar through Additional Chief Secretary, Department of Human Resource Development, Govt. of Bihar, Patna. 2.

Director Primary Education, Goverment of Bihar, Patna. 3 .

District Education Officer, Gopalganj.

4.

District Programme Officer (Estb.) Cum Nodal Officer, Vigilance Cell Gopalganj.

5 .

Mukhiya, Gram Panchayat Raj Dighwa Dubauli North, Block Baikunthpur, District-Gopalganj.

6.

Panchayat Secretary, Gram Panchayat Raj Dighwa Dubauli North,Block Baikunthpur, District-Gopalganj.

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

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Respondent/s :

Mr. Jitendra Kr. Roy 1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-12-2024 Heard learned counsel for the parties.

2. This writ application has been filed for quashing the order dated 19.07.2023 issued vide letter No. 17 issued by respondent No. 6 the Panchayat Secretary, Gram Panchayat Raj Dighwa Dubauli North,Block Baikunthpur, District-Gopalganj whereby and where under service of the petitioner has been terminated from the post of Panchayat Teacher. 3 . At the outset, learned counsel appearing on behalf of the State raises preliminary objection to the effect that an

Patna High Court CWJC No.16373 of 2023(2) dt.17-12-2024 2/3 alternative Statutory remedy is available to the petitioner to move before the District Appellate Authority by way of filing appropriate application under Section 13 of Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020 (hereinafter referred as "Rules, 2020"), which deals with the power and functions of the District Appellate Authority.

4. Since the petitioner has got statutory alternative remedy to move before the District Appellate Authority under Rule 13 of the Rules 2020, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction. 5 . In view of the aforesaid facts and circumstances, petitioner is directed to file an application before the District Appellate Authority in accordance with law.

6. In the event, such application is filed by the petitioner, the authority concerned is directed to dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, as expeditiously as possible.

7. With the aforesaid observations and directions, this writ application stands disposed of.

8 . It goes without saying that if any question of limitation arises before the District Appellate Authority, the

Patna High Court CWJC No.16373 of 2023(2) dt.17-12-2024 3/3 same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India .

(Prabhat Kumar Singh, J) Koushik/- U