The State Of Bihar vs Vinod Chaudhary
2023 Latest Caselaw 158 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.1596 of 2019
                                         In
                   Civil Writ Jurisdiction Case No.19003 of 2019
     ======================================================

1. The State of Bihar through the Director, Primary Education, Directorate of Primary Education, Government of Bihar, Patna.

2. The District Education Officer, Vaishali.

3. The District Programme Officer (Est.). Vaishali.

4. The Block Education Officer, Hajipur, Vaishali.

5. The Headmaster, up-graded Middle School, Sultanpur, Hajipur, Vaishali.

... ... Appellant/s Versus Vinod Chaudhary, Son of Sri Indra Deo Chaudhary, resident of house no. 68, ward no. 12, Mangurahi, P.S.- Hajipur, District- Vaishali.

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

For the Appellant/s : Mr.Samir Kumar (Ac To Sc16) For the Respondent/s : Mr.Shashi Bhushan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 11-01-2023

Re:- I.A. No. 01 of 2022

Heard Interlocutory Application for condonation of

delay in filing the present L.P.A.

For the reasons stated in the application and affidavit,

delay of 47 days in filing the present L.P.A. is condoned.

Accordingly I.A. No. 01 of 2022 for condonation of

delay stands allowed.

With the consent of the learned counsels for

respective parties, matter is taken up for final disposal.

Patna High Court L.P.A No.1596 of 2019 dt.11-01-2023

Respondent- Vinod Chaudhary had filed C.W.J.C. No.

19003 of 2019 with prayer to the appellants to pay salary in the

light of the order dated 23.12.2017 passed in Appeal No. 63 of

2017 by the District Appellate Authority, Vaishali. The learned

Single Judge has allowed C.W.J.C. No. 19003 of 2019 on

16.09.2019. Hence the present L.P.A. by the State.

Learned counsel for the State submitted that

respondent- Vinod Chaudhary is stated to have suppressed

certain material before the District Appellate Authority, Vaishali

and obtained order on 23.07.2012 in his favour in Appeal No. 63

of 2017. The State-appellants have not questioned the validity of

the order of the District Appellate Authority, Vaishali dated

23.12.2017 before the appropriate forum. In the absence of

invoking such remedy, present L.P.A. is not maintainable.

Accordingly, present L.P.A. stands dismissed.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J)

rakhi/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          17.01.2023
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