Rajiv Ranjan vs The State Of Bihar
2023 Latest Caselaw 5239 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.164 of 2022
                                          In
                   Civil Writ Jurisdiction Case No.2747 of 2022
     ======================================================

Rajiv Ranjan S/o Sri Ram Sewak Singh R/o- 105 Atul Gulzar Apartment, Sumitra Devi Path, South Mandiri, P.S.- Buddha Colony, District- Patna.

... ... Appellant/s Versus

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

2. The Principal Secretary, Department of Education, Government of Bihar, Patna.

3. The Director, Primary Education, Government of Bihar, Patna.

4. The Regional Deputy Director of Educational, Saran Division, Chhapra.

5. The District Education Officer, Saran at Chhapra.

6. The District Programme Officer (Establishment), Saran Chhapra.

7. The District Treasury Officer, Saran at Chhapra.

8. The District Accounts Officer, Saran at Chhapra.

9. The Block Education Officer, Chhapra Sadar, District - Saran.

10. The Headmaster-Cum-Drawing and Disbursing Officer, Middle School, Bishnupura, Anchal- Chhapra Sadar, District- Saran.

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

For the Appellant/s : Mr. Mrityunjay Kumar, Advocate For the Respondent/s : Mr. Ajay Kumar Rastogi (AAG-10) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 10-10-2023

The writ petition was allowed by the impugned

judgment which directed that the petitioner would be entitled to

prefer an appeal before the District Appellate Authority/ State

Appellate Authority, which if done will be taken up the earliest Patna High Court L.P.A No.164 of 2022 dt.10-10-2023

and decided within three months. A judgment similar to the

petitioner's herein was set aside by a Division Bench. The

petitioner herein is a government teacher to whom the Bihar

Nationalized Preliminary School Teachers Transfer, Disciplinary

Action and Promotion Rules, 2018 apply. The Bihar State

Teaching Institutions Teachers and Employee (Dispute

Redressal and Appeal) Rules, 2020 do not apply to it was the

finding in the decision in L.P.A. 255 of 2022 and connected

matters by judgment dated 18.01.2023.

2. Hence, the impugned judgment is set aside and

the matter remanded to the learned Single Judge for fresh

consideration.

(K. Vinod Chandran, CJ)

( Rajiv Roy, J) Anushka/-

AFR/NAFR
CAV DATE
Uploading Date          13.10.2023
Transmission Date