LAWS(PAT)-2017-9-85

PREM PRAKASH KUMAR Vs. STATE OF BIHAR

Decided On September 13, 2017
Prem Prakash Kumar Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The instant Letters Patent Appeal has been filed by the writ petitioner-appellant against the judgment dated 30th March, 2016 passed by the Writ Court in CWJC No. 7992 of 2011.

(2.) The Writ Court on consideration of the materials available on the record including the order of the District Teachers Employment Appellate Authority (for short "the appellate authority") in case No. 252/2010 dated 4.3.2011 dismissed the writ application and upheld the order of the appellate authority.

(3.) The Writ Court after scrutiny and appreciation of the reasoning of the appellate authority in adjudicating the case of the appellant and the private respondent has dismissed the writ application holding that the reasons for so called removal of the private respondents-appellant herein from the post of Shiksha Mitra was found to be arbitrary by the appellate authority after taking into consideration the evidence and has held that there was adequate evidence that the private respondent had passed the Intermediate examination within 33 months of the engagement as a Panchayat Shiksha Mitra as such he should not have been removed in the very first place on that pretext.