LAWS(PAT)-2015-1-116

PRABHAT KUMAR Vs. THE STATE OF BIHAR

Decided On January 15, 2015
PRABHAT KUMAR Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) PETITIONER wants quashing of the order dated 29.7.2013 passed by the District Teachers Employment Appellate Authority, Saran in Appeal No. 104 of 2011, by virtue of which the order of the District Magistrate dated 30.10.2006, passed in terms of the order of the Hon'ble High Court in favour of the petitioner has been nullified. He also wants quashing of the order dated 27.1.2007 passed by the Gram Panchayat Raj, Purbi Telpa, which is a fall out of the earlier decision against the petitioner.

(2.) ANNEXURE -1 is the order of the Tribunal. The Member, District Teachers Appellate Authority after hearing the parties to the dispute has directed reinstatement of the private respondent No. 11, namely, Kamlesh Kumar Singh, and ousted the petitioner from the post which has become the cause of action for the petitioner seeking quashing of the various orders since they are detrimental to his interest and continuance as a Panchayat Teacher.

(3.) IT must also be noted that the petitioner was earlier terminated as Shiksha Mitra vide order dated 16.7.2004. This decision was assailed in CWJC No. 16334 of 2004. On the basis of the direction and the decision of the High Court, the Collector was directed to examine the matter, who directed his reappointment. Petitioner joined on 1.2.2007. After his joining, he was removed again on 27.8.2007 on the ground that he seems to have two dates of birth. That issue was examined by yet another learned Single Judge, who allowed the writ petition in favour of the present petitioner and ordered his reinstatement vide order dated 26.6.2008, a copy of which is Annexure -9 to the writ application.