Patna High Court
Indradev Paswan vs The State Of Bihar on 3 October, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14986 of 2024
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Indradev Paswan, Male, aged about 39 years, S/o-Raghunandan Paswan R/o
Village- Chancho, P.O. Nariyana, P.S.- Khaira, District -Jamui
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
4. The District Magistrate, Jamui, District-Jamui.
5. The District Education Officer, Jamui, District-Jamui.
6. The District Programme Officer Establishment (Education), Jamui, District-
Jamui.
7. The Block Education Officer, Block-Jhajha, District-Jamui.
8. The Panchayat Secretary-Cum-Member Secretary, Gram Panchayat Raj-
Borwa, Block-Jhajha, District-Jamui.
9. The Headmaster, New Government of Primary School, Ramdih, Block-
Jhajha, District-Jamui.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate
For the Respondent/s : Mr. Advocate General
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CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 03-10-2024
Heard learned counsel for the parties.
2. The petitioner has filed this writ petition
challenging the order contained in Memo No. 04, dated
11.05.2023
issued by the Panchayat Secretary-cum-Member
Secretary, Panchayat Teacher Appointment/Employment
Committee, Borwa, Block - Jhanjha, District - Jamui,
Patna High Court CWJC No.14986 of 2024 dt.03-10-2024
whereby the appointment of the petitioner as Panchayat
Teacher has been cancelled.
3. The petitioner in paragraph no. 43 of the writ
petition has stated that the petitioner has approached the
District Appellate Authority, Jamui in the first week of
August 2024 by submitting an appeal application, but the
same was not accepted by the District Appellate Authority,
Jamui. Since the District Appellate Authority has been
authorized to entertain and adjudicate the appeal application
that may be filed by the applicant/petitioner with regard to
the service condition of Panchayat Teachers under the
provisions of the Bihar State Teaching Institutions Teachers
and Employees (Disputes Redressal and Appeal) Rules,
2020, there is no reason why the District Appellate
Authority, Jamui shall not entertain the appeal application
preferred by the petitioner challenging the termination order
of the petitioner from the post of Panchayat Teacher.
4. In view of the above settled legal position, this
writ petition is hereby disposed off with a liberty to the
petitioner to approach the concerned District Appellate
Authority by filing an appeal application challenging the
Patna High Court CWJC No.14986 of 2024 dt.03-10-2024
termination order of the petitioner from the post of
Panchayat Teacher.
5. If such an appeal application is filed by the
petitioner challenging the termination of the petitioner from
the Panchayat Teacher, the District Appellate Authority,
Jamui shall adjudicate it in accordance with law.
6. The writ petition stands disposed off with the
above direction.
(Nani Tagia, J)
Nilmani/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 04.10.2024
Transmission Date N/A
