In a civil writ jurisdiction case, the Patna High Court disposed of the petition applying the principles from C.W.J.C. Nos. 10969 and 10996 of 2012, granting liberty to represent before the Tribunal.
Directions for the manner in which the Tribunal is required to consider matters were issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10628 of 2012
====================================================== 1. Chandrashekhar Prasad Nirala S/O Late Parmeshwar Rao R/O VillTengahara, P.O.-Malaypur, P.S.-Barhat, Distt-Jamui .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, H.R.D. Bihar, Patna 3. The Director, Primary Education Bihar, Patna 4. The District Magistrate Jamui 5. The District Education Officer Jamui 6. The District Teachers Appointment Appellate Authority Jamui Through Its Member 7. The District Programme Officer(Est) H.R.D. Jamui 8. The Block Development Officer Barhat, Jamui 9. Block Education Officer Barhat, Jamui 10. The Mukhiya Gram Panchayat Barhat, Jamui 11. The Panchayat Secretary, Gram Panchayat Barhat, Jamui 12. Mr.Praveen Kumar,'Panchayat Teacher'(Now Prakhand Teacher) Posted As Upgraded Middle School Kushauna, Barhat, Jamui 13. Bipin Kumar Gupta, 'Panchayat Teacher' S/O Bijay Kumar Gupta Posted At Primary School, Kumar Tari, Gram Panchayat -Barhat, P,.S.Barhat, Distt-Jamui 14. Ashok Kumar Das S/O Lakhan Das R/O Vill-Gopalpur, P.S.-Khaira, Distt-Jamui .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Respondent/s : Mr. J.S. Arora Sc6 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 3 24-07-2012 Heard learned counsel for the petitioner and the State. The facts of the case had adequately been noticed in the earlier order dated 25.6.2012 which may be read along with the present order. Counsel for the State prays for further time to produce the original records.
Patna High Court CWJC No.10628 of 2012 (3) dt.24-07-2012
2 / 2
The only question for consideration is if the petitioner was an applicant or not when he contends that he had been given an acknowledgement slip mentioning his serial No. 466.
Learned counsel for the petitioner submits that considering a similar issue in C.W.J.C. No. 10969 of 2012, when again notwithstanding the contention that the petitioner had a receipt in proof for having submitted an application, the Tribunal decided matters without calling for the original records, liberty has been granted to the petitioner to represent before the Tribunal in light of the subsequent information stated to have been obtained under the Right to Information Act contrary to the stand taken by the respondents before the Tribunal. The stand of the present petitioner from the supplementary affidavit filed today is similar.
The application is disposed in similar terms as C.W.J.C. No. 10996 of 2012 with similar directions for the manner in which the Tribunal is required to consider matters.
The writ application stands disposed.
(Navin Sinha, J)
P. Kumar/-
2 issues framed by the court
Whether the petitioner was an applicant entitled to representation before the Tribunal despite lacking original records.
Whether the Tribunal should call for original records or grant liberty to represent before deciding the matter.
Chandrashekhar Prasad Nirala
The State Of Bihar
The Principal Secretary, H.R.D. Bihar
The Director, Primary Education Bihar
The District Magistrate Jamui
The District Teachers Appointment Appellate Authority Jamui
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
