A teacher challenged a punitive transfer and an order of the District Teacher Appellate Authority as a writ petition. Since he had already filed a pending recall petition against the interim order with the same authority, the court refused to entertain the parallel remedy and dismissed the application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15194 of 2024
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Alok Kumar Sharma S/o Vidya Prasad Sharma R/o Village-Garhsisai, P.S.Vidyapatinagar District- Samastipur
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Manoj For the Respondent/s : Mr.Advocate General For the Respondent 9 : Mr. Bipin Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
aside the order dated 24.04.2024 issued by the District Teacher Appellate Authority, Samastipur and further the letter bearing memo no. 59 dated 07.06.2024 issued by the respondent no. 6 whereby the petitioner has been transferred from the Government Middle School, Garhsisai to the elevated Middle School, Rahimpur Pyare of Maniyarpur Panchayat of Vidyapatinagar Block.
Patna High Court CWJC No.15194 of 2024(2) dt.07-10-2024 2/3
Patna High Court CWJC No.15194 of 2024(2) dt.07-10-2024 3/3
Appellate Authority, Samastipur, which is still pending, accordingly, the present writ application can not be entertained on the ground that the petitioner cannot seek two parallel remedy for the same relief at the same time. As such, the application stands dismissed.
(Anil Kumar Sinha, J)
praful/-
U
1 issue framed by the court
Should the writ application challenging a punitive transfer and appellate authority order be entertained when the petitioner is simultaneously pursuing recall of the interim order before the District
Alok Kumar Sharma
The State of Bihar through Additional Chief Secretary, Education Department, Bihar, Patna
The Director, Primary Education, Education Department, Bihar, Patna
The District Magistrate, Samastipur
The District Education Officer, Samastipur
Runam Kumari, the Head Mistress, Rajkiya Middle School, Garsisai
Anil Kumar Sinha
As recorded by the court registry
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