Ramakant Singh v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1089 of 2023 ====================================================== Ramakant Singh Son of Chandrika Singh, Resident of Village- Taradih, P.S.- Rohtas, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Department of Education, Bihar, Patna.

2.

The Director, Department of Elementary Education, Bihar, Patna. 3.

The District Magistrate, Rohtas at Sasaram 4.

The District Education Officer, Rohtas at Sasaram 5.

The District Programme Officer, Rohtas at Sasaram 6.

The Block Teachers Appointment Unit-Cum-Prakhand Panchayat Raj Officer, Rohtas Block, District - Rohtas 7.

The Chairman-Cum-Prakhand Panchayat Raj Officer, Block Teachers Appointment Unit, Rohtas Block, Rohtas 8.

The Secretary - Cum-Prakhand Panchayat Raj Officer, Rohtas Block, District- Rohtas 9.

The Block Development Officer, Rohtas Block, District - Rohtas 10.

The Sub-Divisional Public Complaint Redressal Officer, Dehri, DistrictRohtas 11.

The Block Education Officer, Rohtas Block, District- Rohtas 12.

The Headmaster, Middle School, Taradih, Block- Rohtas, District - Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashikant, Advocate Mr. Pramod Kumar Singh, Advocate Mr. Surendra Kumar Mishra, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy 1, SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 10-02-2023 The action has been taken against the petitioner under the Bihar Panchayat Elementary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding

Patna High Court CWJC No.1089 of 2023 dt.10-02-2023 2/2 and Service Condition) Rules, 2020 (hereinafter referred to as 'the Rules'). Rule 22 of the Rules provides as under:- "22. Complain and Appeal:- The 'District Appellate Authority' constituted at the District level shall have the power to hear and adjudicate a complaint/appeal related with appointment made under these rules and matters related with the service condition of Head master/teacher/instructor working under these Rules. The 'State Appellate Authority' shall be competent to hear appeal against the order passed by the District Appellate Authority."

Keeping in view that the District Appellate Authorities have already become functional, the present writ petition is not maintainable and accordingly, the same is dismissed with liberty to the petitioner to file an appeal before the concerned District Appellate Authority.

(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 26 AFR/NAFR CAV DATE Uploading Date 13.02.2023 Transmission Date