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Sunil Kumar Singh Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

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Patna HC
2024
Sunil Kumar Singh Vs The State Of Bihar and Ors.Sunil Kumar Singh v. The State Of Bihar and Ors.

Dismissed¶30

Sunil Kumar Singh v. The State Of Bihar and Ors.

Patna HC4 Mar 2024CWJC/18241/2015

Case brief

AI extract

What is this about?

Sunil Kumar Singh v. State of Bihar; Patna High Court CWJC No.18241 of 2015; dismissed for non-prosecution on 04-03-2024 by Partha Sarthy, J.; writ sought to set aside memo no.1172 dated 12.3.2015 of District Programme Officer (Establishment), Saran, adjourning earlier memo no.1633 dated 5.2.2015; petitioner: member, School Managing Committee, Rama Nand High School, Rampur Pratappur (Dariyapur), Saran; respondents: State of Bihar education officials (Principal Secretary, Department of Education; Director Secondary Education; District Magistrate, District Education Officer, Deputy Development Commissioner/CEO Zila Parishad, District Programme Officer (Establishment), Block Education Officer Dariyapur, Block Education Extension Officer, Saran), Head Master Ramanand High School, and teacher Sri Jyoti Bhushan; advocates: Sadanand Paswan GP-29, Nikesh Kumar; no petitioner appearance on 1.3.2024 or 04-03-2024; no merits discussed; no statute or precedent cited.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether appropriate writ(s)/direction(s) should issue setting aside memo no.1172 dated 12.3.2015 issued by the District Programme Officer (Establishment), Saran, whereby the earlier memo no.1633 dated 5.2.2015 issued by the same authority was adjourned, allegedly without application of mind and beyond jurisdiction.

Detailed headnote1 paragraphs

Dismissed for non-prosecution — Patna High Court (Partha Sarthy, J.), oral order dated 04-03-2024 in Civil Writ Jurisdiction Case No.18241 of 2015 (Sunil Kumar Singh v. State of Bihar and others). The petitioner, a member of the School Managing Committee of Rama Nand High School, Rampur Pratappur (Dariyapur), Saran, had sought writ(s)/direction(s) to set aside memo no.1172 dated 12.3.2015 issued by the District Programme Officer (Establishment), Saran, whereby the earlier memo no.1633 dated 5.2.2015 issued by the same authority was adjourned — alleged to be without application of mind and beyond his jurisdiction. No one appeared for the petitioner on 1.3.2024 or on 04-03-2024; the respondents were represented by Mr. Sadanand Paswan, GP-29, and Mr. Nikesh Kumar, Advocate. The case was dismissed for non-prosecution; no issue on the merits was decided and no holding was recorded. No statute or precedent was cited.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18241 of 2015

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

Sunil Kumar Singh Son of Late Din Dayal Singh resident of village - Rampur, Post Pratappur, Police Station Awtar Nagar, District - Saran (Chapra), Presently Member of School Managing Committee of Rama Nand High School, Rampur Pratappur (Dariyapur), Saran.

... ... Petitioner/s

Versus

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

The Director Secondary Education, Government of Bihar, Patna.

The District Magistrate, Saran (Chapra).

The District Education Officer, Saran, Chapra

The Deputy Development Commissioner - Cum - Chief Executive Officer, Zila Parishad Saran, Chapra.

The District Programme Officer (Establishment), Saran

The Block Education Officer, Dariyapur, Saran

The Block Education Extension Officer, Saran

The Head Master of Ramanand High School, Rampur, Pratappur (Dariyapur), Saran

Sri Jyoti Bhushan Son of Ganesh Dutt Singh resident of village / Mohalla - Jaleshwar Madhya Vidyalaya (Mauna Mohalla), Police Station Chapra Town , District - Saran (Chapra) at Present Teacher of Rama Nand High School, Rampur Pratappur, Dariyapur (Saran).

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Sadanand Paswan, GP-29 Mr. Nikesh Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 04-03-2024

No one appears for the petitioner. Learned counsel

for the respondents is present.

The petitioner has filed the instant application for

the following relief(s):-

“1. That this instant application is being

Patna High Court CWJC No.18241 of 2015(3) dt.04-03-2024 2/2

filed for issuance order/orders, of appropriate writ/writs, direction/directions to the respondents concerned for setting aside the memo no.1172 dated 12.3.2015 issued by District Programme Officer (Establishment), Saran whereby and whereunder he illegally adjourned the earlier memo no.1633 dated 5.2.2015 issued by same authority without application of mind and which is beyond his jurisdiction.

And for other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case.”

No one had appeared on behalf of the petitioner on

1.3.2024 also.

The case is dismissed for non-prosecution.

(Partha Sarthy, J)

Shiv/-

U

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether appropriate writ(s)/direction(s) should issue setting aside memo no.1172 dated 12.3.2015 issued by the District Programme Officer (Establishment), Saran, whereby the earlier memo no.1633 dated 5.2.2015 issued by the same authority was adjourned, allegedly without application of mind and beyond jurisdiction.¶26

Procedural history

How this case reached the court

AI extract

Order under challenge
Memo no.1172 dated 12.3.2015 issued by the District Programme Officer (Establishment), Saran, adjourning the earlier memo no.1633 dated 5.2.2015 issued by the same authority; challenged as issued without application of mind and beyond his jurisdiction.¶26
District Programme Officer (Establishment), Saran · 12.3.2015
Prior proceeding
An earlier memo no.1633 dated 5.2.2015 had been issued by the same authority (District Programme Officer (Establishment), Saran); the impugned memo no.1172 dated 12.3.2015 adjourned it.¶26
Prior proceeding
At the hearing on 04-03-2024 no one appeared for the petitioner, while learned counsel for the respondents was present.¶20

Parties & counsel

AI extract

petitioner
Sunil Kumar Singh Son of Late Din Dayal Singh resident of village - Rampur, Post Pratappur, Police Station Awtar Nagar, District - Saran (Chapra), Presently Member of School Managing Committee of Rama Nand High School, Rampur Pratappur (Dariyapur), Saran.¶3
respondent
The State of Bihar through Principal Secretary Department of Education, Government of Bihar, Patna.¶6
Mr. Sadanand Paswan, GP-29, Mr. Nikesh Kumar, Advocate
respondent
The Director Secondary Education, Government of Bihar, Patna.¶7
Mr. Sadanand Paswan, GP-29, Mr. Nikesh Kumar, Advocate
respondent
The District Magistrate, Saran (Chapra).¶8
Mr. Sadanand Paswan, GP-29, Mr. Nikesh Kumar, Advocate
respondent
The District Education Officer, Saran, Chapra¶9
Mr. Sadanand Paswan, GP-29, Mr. Nikesh Kumar, Advocate
respondent
The Deputy Development Commissioner - Cum - Chief Executive Officer, Zila Parishad Saran, Chapra.¶10
Mr. Sadanand Paswan, GP-29, Mr. Nikesh Kumar, Advocate
respondent
The District Programme Officer (Establishment), Saran¶11
Mr. Sadanand Paswan, GP-29, Mr. Nikesh Kumar, Advocate
respondent
The Block Education Officer, Dariyapur, Saran¶12
Mr. Sadanand Paswan, GP-29, Mr. Nikesh Kumar, Advocate
respondent
The Block Education Extension Officer, Saran¶13
Mr. Sadanand Paswan, GP-29, Mr. Nikesh Kumar, Advocate
respondent
The Head Master of Ramanand High School, Rampur, Pratappur (Dariyapur), Saran¶14
Mr. Sadanand Paswan, GP-29, Mr. Nikesh Kumar, Advocate
respondent
Sri Jyoti Bhushan Son of Ganesh Dutt Singh resident of village / Mohalla - Jaleshwar Madhya Vidyalaya (Mauna Mohalla), Police Station Chapra Town , District - Saran (Chapra) at Present Teacher of Rama Nand High School, Rampur Pratappur, Dariyapur (Saran).¶15
Mr. Sadanand Paswan, GP-29, Mr. Nikesh Kumar, Advocate

Coram

AI extract

Partha Sarthyauthor¶18

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 4 Mar 2024 · March
Registered: 24 Nov 2015
Case no.: CWJC/18241/2015
CNR: BRHC010362132015
Bench: Partha Sarthy
Disposal: DISMISS FOR NON-PROSECUTION
Case type: CWJC

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Cite this judgement

Sunil Kumar Singh v. The State Of Bihar and Ors., CWJC/18241/2015 (PAT), decided on 4 March 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

Memo no.1172 dated 12.3.2015 issued by the District Programme Officer (Establishment), Saran, adjourning the earlier memo no.1633 dated 5.2.2015 issued by the same authority; challenged as issued without application of mind and beyond his jurisdiction.District Programme Officer (Establishment), Saran · 12.3.2015
An earlier memo no.1633 dated 5.2.2015 had been issued by the same authority (District Programme Officer (Establishment), Saran); the impugned memo no.1172 dated 12.3.2015 adjourned it.
At the hearing on 04-03-2024 no one appeared for the petitioner, while learned counsel for the respondents was present.

View full history

Bench / Coram

Partha Sarthy

Parties & counsel