Suresh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.728 of 2022 In Civil Writ Jurisdiction Case No.6715 of 2021 ====================================================== Suresh Singh, Son of Late Nathuni Singh Resident of Village-Suhaigajan, P.O. Suhai Sahpur, P.S.-Baniyapur, District-Saran at Chapra. ... ... Appellant/s
Versus
1.
The State of Bihar through the Chief Secretary, Bihar, Patna 2.
The Principal Secretary, Department of Human Resources Development (Department of Education), G Department of Human Resources Development (Department of Education), Government of Bihar, New Secretariat, Patna.
3.
The Principal Secretary, Department of Personnel and Administrative Reforms,now known as Department of General Administration, Government of Bihar, Old Secretariat, Patna 4.
The Director, Secondary Education, Department of Human Resources Development (Department of Education), Government of Bihar, New Secretariat, Patna 5.
The Director, Mass Education (Jan Shiksha)-cum-Additional Secretary, Department of Human Resources Development (Department of Education), Government of Bihar, New Secretariat, Patna 6.
The Director (Administration)-cum-Additional Secretary, Department of Human Resources Development (Department of Education), Government of Bihar, New Secretariat, Patna 7.
The Regional Deputy Director of Education, Saran Division, District - Saran at Chapra 8.
The District Magistrate/Collector, Saran, District - Saran at Chapra 9.
The District Education Officer, Saran, District - Saran at Chapra 10.
The District Mass Education (Jan Shiksha) Officer, Saran, District - Saran at Chapra 11.
The District Programme Officer (Establishment) Saran, District - Saran at Chapra 12.
The District Programme Officer (Literacy), saran, District - Saran at Chapra 13.
The District Programme Officer (Planning and Account) Saran, District - Saran at Chapra 14.
The District Treasury Officer, Saran, District-Saran at Chapra. 15.
The Principal Vishweshwar Seminary, Chapra Town, District - Saran at Chapra ... ... Respondent/s ====================================================== Appearance :
Patna High Court L.P.A No.728 of 2022 dt.14-05-2024 2/3 For the Appellant/s :
Mr. S.B.K.Manglam, Advocate Mr.Awnish Kumar, Advocate For the Respondent/s :
Mr. Apurva Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 14-05-2024 Re.: I.A.No. 1 of 2022 There is 229 days delay in filing the appeal.
2. Having gone through the affidavit filed along with the application, we find that there are sufficient grounds stated by the appellant to condone the delay.
3. Delay is condoned.
4. I.A. No. 1 of 2022 stands disposed of.
Re.: L.P.A. No. 728 of 2022
5. The impugned order directed the appellant to approach the District Appellate Authority/ State Appellate Authority. As per Annexure-A judgment of a Division Bench in LPA No. 255 of 2022, produced by the State in the counter affidavit, the District Appellate Authority/ State Appellate Authority will not have any jurisdiction with respect to the appellant's case, since appellant is a Peon in the Government High School and the District Appellate Authority or the State Appellate Authority had jurisdiction only with respect to a Panchayat Teacher appointed to the Government Schools.
Patna High Court L.P.A No.728 of 2022 dt.14-05-2024 3/3
6. In such circumstance, we set aside the impugned order dated 31.03.2022 and restore the writ petition before the learned Single Judge.
7. The appeal stands disposed of.
8. Interlocutory application, if any, shall stand disposed of.
(K. Vinod Chandran, CJ) ( Harish Kumar, J) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 14.05.2024 Transmission Date