Dhirendra Kumar vs The State Of Bihar And Ors
2021 Latest Caselaw 5443 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.32 of 2018
     ======================================================

Dhirendra Kumar son of Ashok Kumar, Resident of Mohalla- Baignabad, Biharsharif, Police Station- Biharsharif, District- Nalanda.

... ... Petitioner/s Versus

1. The State Of Bihar and Ors

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

3. The District Magistrate, Nalanda at Biharsharif.

4. The District Education Officer, Nalanda at Biharsharif.

5. The District Programme Officer Establishment Nalanda, District- Nalanda at Biharsharif.

6. The Block Education Officer, Harnaut, District- Nalanda.

7. The Block Education Officer, Katrisarai-cum-Enquiry Officer, District-

Nalanda.

8. The Headmaster, Primary School, Baruntar, Block- Harnaut, District-

Nalanda at Biharsharif.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Siyaram Sahi, Advocate Mr. Indu Bhushan, Advocate For the Respondent/s : Smt. Binita Singh -Sc28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 23-11-2021 Heard Mr. Siyaram Sahi, learned Advocate for the

petitioner and Ms. Binita Singh, learned SC-28 for the

State.

The petitioner has challenged the order of

dismissal dated 17.08.2015 contained in Annexure-17 to

the writ petition.

Patna High Court CWJC No.32 of 2018 dt.23-11-2021

The petitioner had earlier approached this Court

for payment of his salary but the Bench hearing the

application found that the petitioner had been dismissed in

the meanwhile. The petitioner was given an opportunity to

assail the order of dismissal.

Mr. Sahi, learned Advocate for the petitioner has

drawn the attention of this Court to various lapses in

conducting the departmental proceeding in his absence.

Nonetheless, I am not inclined to enter into the

aforesaid arguments as the petitioner has not exhausted

his alternative remedy of preferring an appeal against the

order.

True it is that the order impugned was passed on

17.08.2015, but considering the fact that the petitioner

ostensibly did not have any idea of such order of dismissal,

which he learnt only when he preferred an application

before this Court for payment of salary and claims to have

obtained all the documents under the mechanism of RTI,

should he prefer an appeal at this belated stage with an Patna High Court CWJC No.32 of 2018 dt.23-11-2021

appropriate application for condonation of delay, the

concerned authority shall take into account that the matter

remained pending before this Court since 2018 and shall

pass necessary orders in accordance with law.

Needless to state that all the grounds raised by

the petitioner in the present writ petition shall be

considered by the appellate authority.

With the aforesaid direction/observation, the writ

petition is disposed of.

(Ashutosh Kumar, J)

krishna/-

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Uploading Date          25.11.2021
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