Disposed

Prof. Rajiv Ranjan Kumar @ Rajiv Ranjan Kumar v. The State of Bihar

Patna HC17 Feb 2023CWJC/2252/2023

Case brief

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What is this about?

The High Court held that teachers' grants cannot be withheld indefinitely due to a pending enquiry into the Principal's dispute. It directed the District Education Officer to ensure the enquiry officer submits a report within 15 days and the dispute is resolved within one month, after which the grant must be disbursed.

What did the court decide?

Directed the District Education Officer to ensure the enquiry report is submitted within 15 days and the dispute resolved within one month; directed that the grant be disbursed to teachers immediately

Prof. Rajiv Ranjan Kumar @ Rajiv Ranjan Kumar Vs The… — Service and Employment | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2252 of 2023

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Prof. Rajiv Ranjan Kumar @ Rajiv Ranjan Kumar, aged about 38 years, Male Son of Prof. Ram Naresh Singh Yadav @ Ram Naresh Singh, Resident of Village/ Mohalla- Lalu Path, Kurthaul, Police Station- Parsa, District- Patna, presently Principal, Rastriya Kisan College, Pauthu, Police Station- Pauthu, District- Aurangabad.

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... ... Petitioner/s

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Versus

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

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The Director, Higher Education, Human Resources Department, Bihar, Patna.

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The Deputy Director, Higher Education, Human Resources Department, Bihar, Patna.

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The Chairman, Bihar School Examination Board, Patna.

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The Director, Bihar School Examination Board, Patna.

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The Secretary, Bihar School Examination Board, Patna.

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The District Magistrate, Aurangabad.

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The Superintendent of Police, Aurangabad.

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The District Education Officer, Aurangabad.

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The District Programme Officer, Education, Aurangabad.

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The Dy. S.P., Aurangabad.

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Rajiv Ranjan Singh, Son of Ram Lakhan Singh, Village- Chicharhi, P.S.Obra, District- Aurangabad.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Vipin Kumar Singh, Advocate For the Respondent/s : Ms. Binita Singh, SC 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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ORAL JUDGMENT

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Date : 17-02-2023

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Heard the parties.

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The petitioner claiming himself to be the Principal of

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the college has preferred this writ petition being aggrieved of the

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Patna High Court CWJC No.2252 of 2023 dt.17-02-2023 2/3

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order dated 23.05.2022 whereby the grant has been stopped by the District Education Officer, Aurangabad.

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Vide order dated 23.05.2022, the District Education Officer, Aurangabad observed that there is a dispute relating to the Principal of the college and on account of the same, the District Programme Officer, Aurangabad was appointed as an enquiry officer to conduct an enquiry. The order was passed in compliance of an order of the Director of the Bihar School Examination Board dated 30.09.2021.

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This Court finds that the enquiry officer was appointed in May, 2022 and till date, no result has come of the said enquiry. In the garb of pendency of enqiury, grant which is required to be disbursed to the teachers of the college cannot be withheld for indefinite period.

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Learned counsel for the State fairly states that the time period may be laid down for resolving the dispute.

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Keeping in view above, the writ petition is disposed of with a direction to the District Education Officer, Aurangabad to direct the District Programme Officer, Aurangabad to submit his enquiry report within a period of 15 days and on the basis of such report after giving opportunity of hearing to the respective parties, decide the dispute within another one month. Upon deciding the

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Patna High Court CWJC No.2252 of 2023 dt.17-02-2023 3/3

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dispute, one way or the other, the grant shall be released and disbursed to the various teachers of the college under his own supervision.

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The writ petition stands disposed of accordingly.

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(Sanjeev Prakash Sharma, J)

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P. Kumar

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Item No. 16

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Prof. Rajiv Ranjan Kumar @ Rajiv Ranjan Kumar v. The State of Bihar

Case brief

What is this about?

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Prof. Rajiv Ranjan Kumar @ Rajiv Ranjan Kumar v. The State of Bihar

Case brief

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