Artunjay Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18508 of 2023 ====================================================== Artunjay Kumar Kushwaha son of Janardan Bhagat, Resident of VillageFatehpur, P.s. Daraunda, District-Siwan. ... ... Petitioner/s

Versus

1.

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

Regional Deputy Directgor, Education, Saran at Chapra. 3.

District Education Officer, Gopalganj.

4.

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

5.

Block Panchayat Raj Padadhikari, Hathua, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Singh For the Respondent/s :

Mr.Addl. Advocate General (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-01-2025 Heard learned counsels for the parties.

2. The present writ application has been filed for quashing the order dated 14.01.2023 issued vide Memo No.12/Pan. by Respondent No.5 terminating the services of the petitioner as Block Teacher was cancelled merely on the basis of a letter issued by Respondent No.4 that too on the basis of recommendation of informant of criminal case bearing Mohammadpur P.S. Case No.03 of 2023, without following the procedure of law, without any show cause, without any departmental proceeding and without giving any opportunity of being heard in utter violation of the principle of natural justice.

Patna High Court CWJC No.18508 of 2023(2) dt.07-01-2025 2/3

3. At the very outset, learned counsel appearing on behalf of the State raises a preliminary objection to the effect that an 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. As 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 granted liberty to file an application before the District Appellate Authority in accordance with law within a period of six weeks.

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.

7. With the aforesaid observations and directions, this

Patna High Court CWJC No.18508 of 2023(2) dt.07-01-2025 3/3 writ application stands disposed of.

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

(Anjani Kumar Sharan, J) anand/- U