High CourtsSingle Bench(2019) 11 PAT CK 0047

Vijay Kumar vs State Of Bihar And Ors

Patna High Court · Decided on 8 November 2019

HON’BLE JUDGES
Madhuresh Prasad, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 12305 Of 2006

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Judgment

5 paragraphs · 234 words
1.

Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the respondent No.8

2.

The parties are in agreement that issues raised in the instant proceedings stand decided by the District Teachers Employment Appellate Tribunal, Madhubani by its order dated 29.7.2010 (Annexure-12). The Same is now amenable to the Bihar State Appellate Authority.

3.

Counsel for the private respondent raises an objection that since petitioner was not a party, the petitioner would have no locus to assail the same before the State Forum. The issue regarding the petitioner's locus, having regard to the fact that he is effected by the order, is yet to be decided by the State Tribunal.

4.

In the circumstances, without expressing any opinion on the merits of the claims set forth by either side, the writ petition is being disposed off with liberty to the petitioner to assail the order of the District Teachers Employment Appellate Authority, Madhubani, before the State Forum. The petitioner should approach the Authority within a period of four (04) weeks. It would be open to the private respondent to appear before the Authority expeditiously to facilitate disposal of the same.

5.

The writ petition stands disposed off with the liberty as aforesaid. The petitioner would be also at liberty to raise the pendency of the instant proceedings to meet issue of delay before the State Forum.