Ajay Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Ajay Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of with directions: petitioner to file a fresh representation with supporting documents before respondent no.4 within two weeks; respondent no.4 to consider the case after affording opportunity of hearing and pass a reasoned and speaking order in accordance with law within eight weeks thereafter, failing which respondent no.4 is liable for non-compliance of this Court's order.

Issue for consideration

Whether respondent no.4 (District Programme Officer, Elementary Education and Samagra Shiksha Abhiyan, East Champaran) would consider the petitioner's case/representation and pass an order upon it.

Court's answer

The petitioner is directed to file a fresh representation along with all supporting documents before respondent no.4 within a period of two weeks.

Ratio / Principle

Respondent no.4 is to consider the case of the petitioner after affording opportunity of hearing to the petitioner or his counsel, and to pass a reasoned and speaking order, in accordance with law, within a period of eight weeks thereafter.

Key takeaways

If the direction is not complied with within the stipulated period, respondent no.4 shall be held liable for non-compliance of the order of this Court.ratio¶21

Detailed headnote1 paragraphs

PATNA HIGH COURT | Civil Writ Jurisdiction Case No.11682 of 2021 | Anjani Kumar Sharan, J. | Order dated 13-08-2024 | Disposed of with directions. On the submission that the petitioner's earlier representation before respondent no.4 (District Programme Officer, Elementary Education and Samagra Shiksha Abhiyan, East Champaran) had not been acted upon, the Court directed the petitioner to file a fresh representation with all supporting documents before respondent no.4 within two weeks, and respondent no.4 was advised to consider the petitioner's case after affording opportunity of hearing to the petitioner or his counsel and to pass a reasoned and speaking order in accordance with law within eight weeks thereafter; non-compliance within the stipulated period was to attract liability for non-compliance of the Court's order.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11682 of 2021

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

Ajay Kumar S/o Sri Shubh Narayan Yadav Resident of VillageChintamanpur, P.S.- Mehsi, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Human Resource Development Department, Government of Bihar, Patna.

The District Magistrate, East Champaran, Motihari.

The District Education Officer, East Champaran, Motihari.

The District Programme Officer (Elementary Education and Samagra Shiksha Abhiyan), East Champaran, Motihari.

The Block Education Officer, Mehsi, East Champaran.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar, Adv. For the State : Mr.Madanjeet Kumar (Gp20) For the BEPC : Mr.Girijish Kumar, Adv. (through virtual mode) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

3 13-08-2024

Heard learned counsel for the petitioner and learned

counsel for the respondents.

Learned counsel for the petitioner submits that he had filed a representation before the respondent no.4 earlier, but till date no order has been passed.

Under the aforesaid circumstances, the petitioner is directed to file a fresh representation along with all supporting documents before the respondent no.4 within a period of two weeks and the respondent no.4 is well advised to consider the case of the petitioner after affording opportunity of hearing to the petitioner or his counsel and pass a reasoned and speaking

Patna High Court CWJC No.11682 of 2021(3) dt.13-08-2024 2/2

order, in accordance with law, within a period of eight weeks thereafter.

It is made clear that if the order is not complied within the stipulated period, the respondent no.4 shall be held liable for non-compliance of the order of this Court.

With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J)

pallavi/-

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