RAM VINAY PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant petition, petitioner has prayed for the following relief(s):-

(2.) Counsel for the petitioner by taking this Court to Annexure-13 submits that after passing of order by the District Appellate Authority in Case No. 40/2019 dtd. 18/12/2020, which is contained in Memo No. 20 dtd. 18/12/2020, the Director, Secondary Education is said to have issued a letter dtd. 9/9/2021. Whereas, he has come out with a finding that the allegations of violation of roster so levelled against this petitioner with regard to his appointment have been found to be true. While, the said allegation has been put at rest by the Appellate Authority in the aforementioned case. The findings which is said to have been recorded in the letter dtd. 9/9/2021, from which it does not appear that this petitioner was ever called in question before recording such findings of fact that the allegations are found correct and appropriate steps for cancellation has been taken.

(3.) In view of the letter dtd. 9/9/2021, whereby, the allegations have been found to be true, may be good grounds to prefer appeal against the order dtd. 18/12/2020, passed by the District Appellate Authority, before State Appellate Authority, which forum is available under the statue. Such steps having not been taken, it is a clear case of overreach, and the authorities, who were supposed to have complied the directions issued by the District Appellate Authority, instead having not carried out the formalities of compliance has chosen for passing such orders, has invited appropriate disciplinary action in terms of the directions issued by the Additional Chief Secretary, Department of Education as contained in Memo No. 580 dtd. 11/3/2019, for having not complied the directions of the District Appellate Authority/State Appellate Authority, which has attained finality. This issue is left open for the authorities competent in law to be addressed accordingly. The order as contained in letter vide Memo No. 1475 dtd. 9/9/2021 where the findings in respect of the allegations have been found, to be true is recorded by referring to the Enquiry Report (Annexure-12) vide Memo No. 2171 dtd. 31/7/2021, these findings may be good grounds and very appropriate for taking them to challenge the order, which is said to have been passed by the District Appellate Authority, and the only recourse which is now available with the authorities. At this stage, to get such findings adjudicated before the said forum, which is available in law, by putting the said, the District Appellate Authority, to such challenge, which is till date has not been tinkered by the forum as provided in law, the authorities are always left with such option to take appropriate remedy in law, if not impeded by the law of limitation. In case of there being no prudent ground available with the authorities, to put the order of the District Appellate Authority to such challenge for getting the order interfered by the higher forum, in such an event, the order passed by the District Appellate Authority shall be complied with within a period of eight weeks from the date of filing of representation.