Arun Kumar Jha v. The Bihar School Examination Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16249 of 2024 ====================================================== Arun Kumar Jha S/o- Late Sonelal Jha Resident of New Ranipur, P.O. and P.S.- Phulwari Sharif, District- Patna.

... ... Petitioner/s

Versus

1.

The Bihar School Examination Board through the Secretary, Sinha Library Road, Patna, Bihar (800017).

2.

The Chairman, Bihar School Examination Board, Sinha Library Road, Patna, Bihar- 800017.

3.

The Secretary, Bihar School Examination Board, Sinha Library Road, Patna, Bihar- 800017.

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

For the Petitioner/s :

Mr. Kumar Kaushik, Advocate For the Respondent/s :

Mr. Satyabir bharti, Advocate Ms. Kanupriya, Advocate Mr. Abhishek Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-10-2024 Heard Mr. Kumar Kaushik, learned Advocate for the petitioner and Mr. Satyabir Bharti, learned Advocate for the Bihar School Examination Board.

2. The petitioner upon being aggrieved by the order contained in Memo No. 71 dated 16.01.2024 issued under the signature of the respondent no. 3 whereby and whereunder the petitioner has been visited with the punishment of compulsory retirement from service with immediate effect with a further stipulation that nothing shall be payable to him except subsistence allowance for the period of suspension, has preferred statutory appeal under Rule 24 of the Bihar

Patna High Court CWJC No.16249 of 2024(2) dt.24-10-2024 2/2 Government Servants (Classification, Control and Appeal) Rules, 2005 on 16.02.2024.

3. Despite the statutory appeal preferred by the petitioner and pending since long, till date it has not been disposed off, compelling the petitioner to approach before this Court by invoking the writ jurisdiction.

4. Learned Advocate for the Bihar School Examination Board fairly contended that since the matter is pending before the appellate authority, who shall consider the statutory appeal of the petitioner and dispose of the same in accordance with law.

5. In view of the limited grievance of the petitioner, the present writ petition stands disposed off with a direction to the respondent no. 2 to take up the statutory appeal of the petitioner and dispose off the same by passing a reasoned and speaking order in accordance with law, preferably within a period of eight weeks from the date of receipt/production of a copy of this order.

6. The writ petition stands disposed off.

(Harish Kumar, J) supratim/- U