Disposed

Binod Kumar v. The State of Bihar

Patna HC23 Nov 2023CWJC/2360/2023

Case brief

AI extract

What is this about?

Petitioner challenged termination from post of Block Teacher via writ. Court held direct approach barred as appellate authority exists. Petitioner granted liberty to approach appellate authority. Application disposed accordingly.

What did the court decide?

Writ application disposed with liberty to petitioner to approach District Teachers Employment Appellate Authority, Vaishali against the impugned order of termination.

Binod Kumar Vs The State of Bihar — Civil Procedure and Limitation | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2360 of 2023

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Binod Kumar Son of Jageshwar Prasad Das, Resident of Village- Gorigama, Ward No.- 05, P.S.-Mahnar, District- Vaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary, Education Department, Government of Bihar, Patna.

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

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The District Magistrate, Vaishali.

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The District Education Officer, Vaishali.

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The District Programme Officer (Establishment), Vaishali.

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The Secretary, Prakhand Niyojan Unit cum Executive Officer (Panchayat Samittee), Jandaha, Vaishali.

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The Block Development Officer (BDO), Jandaha, Vaishali.

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The Block Education Officer (BEO), Jandaha, Vaishali.

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The Headmaster, Government Upgraded Middle School Madaidih, BlockJandaha, District- Vaishali.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : NONE For the Respondent/s : Mr.Jitendra Kr. Roy 1 (Sc13)

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 23-11-2023 1. Nobody appears for the petitioner, however the learned counsel for the State is present.

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The present writ application has been filed for quashing the order dated 11.10.2022 contained in Memo no. 163, passed by the respondent no. 6, whereby the services of the petitioner has been terminated from the post of Block Teacher.

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Learned counsel for the State submits that the

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Patna High Court CWJC No.2360 of 2023(2) dt.23-11-2023 2/2

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petitioner has directly approached this Court instead of appealing before the District Teachers Employment Appellate Authority. He further submits that the District Teachers Employment Appellate Authority has been constituted in Vaishali District and the same is functioning.

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In view of the aforesaid submission, the present writ petition is disposed with liberty to the petitioner to approach District Teachers Employment Appellate Authority, Vaishali against the impugned order. It is needless to state that in case, appropriate appeal is filed by the petitioner within a period of 30 days from today along with a petition for condonation of dalay, the same shall be considered by the Appellate Authority, in accordance with law.

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The present writ application stands disposed on the aforesaid terms.

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(Anil Kumar Sinha, J)

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rinkee/-

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Binod Kumar v. The State of Bihar

Case brief

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Binod Kumar v. The State of Bihar

Case brief

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