Disposed

Amresh Kumar v. The State Of Bihar and Ors.

Patna HC1 Feb 2023CWJC/11765/2018

Case brief

AI extract

What is this about?

The High Court directed District Appellate Authorities, now functional, to expedite pending appeals. It clarified that State Appellate Authority can remand cases to District Authorities. The Chief Secretary and Additional Chief Secretary Presence was exempted and the writ petition disposed with no further proceedings.

What did the court decide?

Directing District Appellate Authorities to take up pending appeals expeditiously on priority basis.

Amresh Kumar Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 11765 of 2018

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Amresh Kumar S/o Raja Yadav, R/o Village- Judahi, P.O. Umaga, P.S. Madanpur, Block Madanpur, Distt.- Aurangabad, Bihar.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Chief Secretary of Bihar, Government

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Executive Officer, District Board cum Sachiv, Secondary/Higher Secondary through the Chief Employme

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The District Programme Officer, Establishment, Aurangabad through the Chief Secretary of Bihar Govt

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The District Magistrate, Aurangabad.

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The District Education Officer, Aurangabad.

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The Employment Unit District Board Cum Zila Parishad, Aurangabad.

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The Director Secondary Education Bihar, Patna through the Chief Secretary of Govt. of Bihar.

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District appellant authority, Aurangabad.

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... ... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No. 14660 of 2022

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Jaishree D/o Sri Gopi Raman Prasad Rai, R/o Village- Madhepur, P.O. and P.S.- Madhepur, District- Madhubani.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Human Resources Department, Government of Bihar, Patna.

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The Director, Primary Education, Government of Bihar, Patna.

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The Block Education Officer, Madhepur, Madhubani.

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The Block Development Officer, Madhepur, Madhubani.

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The District Programme Officer, (Establishment), Madhubani.

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The District Teacher Selection Appellate Authority, Madhubani.

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Sunita Kumari Daughter of Mahabir Thakur, Wife of Umakant Sharma, R/o Mohalla Mogalpura, P.S.- Khajekalan, Patna City, District- Patna.

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Anita Kumari Sharma W/o Mukesh Sharma, R/o Mohalla Chhoti Lagma, P.S.- Malsalmi Patna City, District- Patna.

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Raushan Kumar Nirala S/o Bawey Lal Sah, R/o Village- Kalari Patti, P.S.Khutauna, District- Madhubani.

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The Mukhiya Gram Panchayat Raj, Mahapatia, P.S.- Madhepur, DistrictMadhubani.

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Patna High Court CWJC No. 11765 of 2018(12) dt.01-02-2023 2/3

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... ... Respondent/s

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====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 11765 of 2018) For the Petitioner/s : Mr. Dr. Ajay Shankar Rajoo For the Respondent/s : Mr. Prabhakar Jha, GP-27 (In Civil Writ Jurisdiction Case No. 14660 of 2022) For the Petitioner/s : Mr. Akash Chaturvedi For the Respondent/s : Mr. Jitendra Kumar Roy 1 ( Sc 13 ) ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Appearance :
(In Civil Writ Jurisdiction Case No. 11765 of 2018)
For the Petitioner/s
:
Mr. Dr. Ajay Shankar Rajoo
For the Respondent/s
:
Mr. Prabhakar Jha, GP-27
(In Civil Writ Jurisdiction Case No. 14660 of 2022)
For the Petitioner/s
:
Mr. Akash Chaturvedi
For the Respondent/s
:
Mr. Jitendra Kumar Roy 1 ( Sc 13 )
======================================================

CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA

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ORAL ORDER

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12 01-02-2023

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The Chief Secretary as well as the Additional Chief Secretary, Education are present along with the Advocate General who has placed on record the orders, by which the concerned Presiding Officer for the various District Appellate Authorities has been notified.

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It is now expected that the concerned District Appellate Authorities shall become functional and the complete infrastructure is provided to them, if the same is lacking. Now, the State Appellate Authority which had been entertaining the petitions directly relating to issues, which can be examined by the respective District Appellate Authorities, in view of the judgment passed by this Court in the case of Suresh Ram vrs. State of Bihar, reported in 2022 (2) PLJR 80, 2022(2) BLJ 381 in CWJC no. 5489 of 2020, may in the judicial discretion remand those cases to the concerned District Appellate Authorities for adjudication.

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Patna High Court CWJC No. 11765 of 2018(12) dt.01-02-2023 3/3

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I shall akin to the present petition, there are appeals which were filed in the concerned District Appellate Authorities but could not be taken up on account of the lack of the presiding officers. This Court directs that now the concerned District Appellate Authorities, which have become functional shall take up on priority basis all the appeals which has remained pending with them and it is expected that the same shall be disposed of expeditiously.

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The personal presence of the Chief Secretary and the Additional Chief Secretary is exempted and no further proceedings are required to be taken.

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The writ petition is disposed of. The assistance of Mr. Prabhakhar Jha, Advocate in the present matter is appreciated.

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(Sanjeev Prakash Sharma, J)

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Brajesh Kumar/Item no.41 U

Amresh Kumar v. The State Of Bihar and Ors.

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Amresh Kumar v. The State Of Bihar and Ors.

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