Disposed

Md. Salim v. the State of Bihar and Ors.

Patna HC11 Oct 2017CWJC/1987/2011

Case brief

AI extract

What is this about?

The High Court of Patna disposed of a writ application seeking quashing of employment cancellation and reinstatement directions. The Court directed the petitioner to prefer an appeal before the State Appellate Authority instead of deciding the writ petition via judicial review.

What did the court decide?

Direction to prefer appeal before State Appellate Authority within thirty days; Writ application disposed off.

Md. Salim Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.1987 of 2011

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====================================================== Md. Salim, S/O Jildar Mia, R/O Vill.- Jabdaul, P.S.- Chanpatia, Distt.- West Champaran.

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.... .... Petitioner

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Versus

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The State of Bihar.

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The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

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The Director, Primary Education, Human Resources Development Department, Govt. of Bihar, Patna.

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The District Magistrate, West Champaran at Bettiah.

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The District Teacher Employment Appellate Authority, West Champaran at Bettiah through its Chairman.

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The Member, Employment Appellate Authority West Champaran at Bettiah.

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The District Superintendent of Education, West Champaran at Bettiah.

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The Deputy Collector, District Legal Section West Champaran at Bettiah.

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The Block Development Officer, Block- Chanpatia, Distt.- West Champaran at Bettiah.

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The Block Education Extension Officer, Block- Chanpatia, Distt.- West Champarn at Bettiah.

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The Mukhiya, Gram Panchayat Raj Ranipur Rampurva, BlockChanpatia, Distt.- West Champaran at Bettiah.

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The Panchayat Secretary, Gram Panchayat Raj Ranipur, Block + P.SChanpatia, Distt.- West Champaran at Bettiah.

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Munna Gaddi, S/O Sahan Gaddi, R/O Vill.- Betwania, P.S.- Chanpatia, Distt- West Champaran at Bettiah.

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Md. Hussain Gaddi, S/O Mad. Islam Gadi, R/O Vill.- Rampurva, P.S.Chanpatia, Distt.- West Champaran at Bettiah.

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.... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Rajendra Prasad Singh, Sr. Advocate and Mr. Mukesh Kumar Singh, Advocate. For the State : Mr. Kunal Tiwary, A.C. to G.A. 2. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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9 11-10-2017 Heard learned senior counsel for the petitioner and learned counsel for the State.

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In the present writ application, the following reliefs

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Patna High Court CWJC No.1987 of 2011 (9) dt.11-10-2017

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have been sought for by the petitioner.

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“ 1. That this is an application for issuance of an appropriate writ (s), order(s) or direction(s) for quashing of the order contained in Memo No. 769, Bettiah, dated 08.12.2010 passed and issued under the signature of respondent no. 6 in Case No. 280/09 whereby and whereunder an order has been passed to appoint Md. Hussain (respondent no. 13) in the Backward Category and further for issuance of an appropriate writ(s), order(s) or direction(s) for quashing of Memo No. 1316 dated 08.10.2009 passed and issued under the signature of respondent no. 9 whereby and whereunder the petitioner’s appointment on the post of Panchayat Teacher has been cancelled and further fore a direction to the respondent authorities to reinstate the petitioner on the post of Panchyat Teacher with all consequential benefits.”

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The order under challenge is passed by the District Teachers Employment Appellate Authority, West Champaran at Bettiah. The statutory remedy lies before the State Appellate Authority.

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It is further submitted by learned senior counsel for the petitioner that the case of the petitioner is covered by the issue already decided in L.P.A. No. 984 of 2014 (Manohar Prasad Vs. The State of Bihar & Ors), decided on 06.01.2016, reported in

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Patna High Court CWJC No.1987 of 2011 (9) dt.11-10-2017

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3/3

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2016(2)PLJR 474.

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Considering the submissions made on behalf of the parties, the petitioner is directed to prefer an appeal before the State Appellate Authority within a period of thirty days from the date of the order, which shall be disposed of in accordance with law within the statutory period.

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With the aforesaid observations and directions, the present writ application stands disposed of.

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U.K./- (Sudhir Singh, J) U

Md. Salim v. the State of Bihar and Ors.

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Md. Salim v. the State of Bihar and Ors.

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