Patna High Court
Sheikh Arif @ Md. Arif vs The State Of Bihar And Ors on 7 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1068 of 2014
In
Civil Writ Jurisdiction Case No.21758 of 2012
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Sheikh Arif @ Md. Arif Son of late Haji Ali Akbar, Resident of village -
Raghunathpur, P.O. Bairiya, P.S. Amdabad, District - Katihar.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Human
Resources Development, Government of Bihar, Patna.
2. The District Magistrate Cum Collector, Katihar.
3. The District Education Officer, Katihar.
4. The District Superintendent of Education, Katihar.
5. The Block Development Officer, Kadwa Block, Katihar.
6. The Block Education Extension Officer, Kadwa, Katihar.
7. The Member District Teachers Selection Appellate Tribunal, Katihar.
8. The Mukhiya, Gram Panchayat Secretary, Gram Panchayat Raj Tetaliya,
Kadwa, Katihar.
9. The Panchayat Secretary, Gram Panchayat Raj Tetaliya , Kadwa, Katihar.
10. Smt. Najma Khatoon Wife of Sri Zainul Abedin the then Mukhiya, Gram
Panchayat Raj Tetaliya, Kadwa, Katihar.
11. Ghulam Md. Jeelani Ashraf, Son of late Abdul Jabbar, R/O Village - Bobra
Via - Salmari, P.S. Kadwa, District - Katihar.
12. Monazir Sidiqui, Son of Sri Zainul Abedin, R/o village Taiyabpur, Kurhela
Bobra, P.S. Kadwa, District Katihar.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Md. Helal Ahmad, Advocate
For the State : Mr. Md. N. Hoda Khan, SC-1
For Respondent no. 11-12 : Mr. Shailesh Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 07-01-2021
The present appeal has been filed against the
judgment dated 16.05.2014 passed by a learned Single Judge of
Patna High Court L.P.A No.1068 of 2014 dt.07-01-2021
this Court in C.W.J.C. No. 21758 of 2012, titled as Ghulam
Md. Jeelani Ashraf Vs. The State of Bihar & Ors.
The challenge laid in the present appeal is limited to
the observations made against the present appellant who was
party-respondent in the writ petition, on the ground that the
present appellant was never noticed, and as such, the
observations made are without affording opportunity of hearing.
We are in agreement with such submission made by
the learned counsel for the appellant but that would not mean
that the judgment needs to be interfered with on that count, for
the process of selection and appointment cannot be held to be
illegal in any manner.
As such, we are not inclined to set aside that part of
the order whereby direction stands issued for initiating
departmental proceeding against the appellant. In fact, we are of
the considered view that such proceedings be initiated against
all such persons who were involved in the process of selection
and appointment.
As such, we dispose of the present appeal clarifying
that the observations made in the impugned judgment in so far
as it relates to the act and conduct of the present appellant are
concerned, shall not come in the way of the conclusion of the
Patna High Court L.P.A No.1068 of 2014 dt.07-01-2021
proceedings.
Needless to add, the departmental proceedings shall
be conducted and concluded within a time bound period. Since
the matter relates to the year 2012, we direct that the said
proceedings be concluded within a period of six months, after
affording opportunity of hearing to the parties.
The present appeal stands disposed of in the aforesaid
terms.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
( Anjani Kumar Sharan, J)
Amrendra/P.K.P.
AFR/NAFR
CAV DATE
Uploading Date 07.01.2021
Transmission Date
