LAWS(PAT)-2015-4-64

SANJEET KUMAR Vs. STATE OF BIHAR

Decided On April 07, 2015
SANJEET KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE writ petitioner appellant was appointed as a Shikshamitra in the year 2003 by the Gram Panchayat of Panari, Belaganj, District - Gaya. In accordance with the scheme framed by the Government, he has been appointed as a Panchayat Teacher with effect from 1.7.2006. However, the District Magistrate, Gaya, the 2nd respondent therein, through an order dated 24.4.2007 dismissed the appellant and seven other Panchayat Teachers of the School. Aggrieved by that, the appellant and others filed C.W.J.C. No.16670 of 2007. The learned single Judge heard the matter and disposed of the same through an order dated 4.8.2009 leaving it open to the writ petitioners to avail the remedy of appeal before the Appellate Authority. While some persons preferred the Appeal before the authority within time, the petitioners preferred the Appeal with a delay of about three years. It was rejected as barred by limitation, on 24.6.2013.

(2.) THE Appeal that was filed by Rubi Kumari, one of the eight Panchayat Teachers, within time was dismissed on 22.10.2010. Aggrieved by that, she filed C.W.J.C. No.3237/12. Through a detailed order dated 18.12.2012, this Court held that the District Magistrate does not have the jurisdiction to terminate the service of Panchayat Teachers and, accordingly, has set aside the order of termination and directed reinstatement of the petitioner therein.

(3.) THE appellant herein filed C.W.J.C. No.21393 of 2013 feeling aggrieved by the order of rejection of his Appeal dated 24.6.2013. The learned single Judge dismissed the petition through an order dated 17.11.2014, mostly on the grounds of laches.