DIWAKAR PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Despite the matter being of the year 2010 and copy of the writ petition having been served on learned counsel for the State on 15.04.2010, no counter affidavit has been filed on its behalf. The position is more serious as the petitioner was given interim protection as far back as 13.05.2010 inter alia on the ground that the order passed by the Member, District Teachers Employment Appellate Authority, Katihar (hereinafter referred to as the 'Authority') was beyond jurisdiction inasmuch as, he had seized to be a member on 19.01.2010, when the order impugned was passed.

(3.) In view thereof, the State was required to take a categorical stand on the said issue. The same not being done, the Court would presume that such fact is not denied.