Achhelal Singh Vs. the State of Bihar and ors

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.15 of 2012 In C. REV. 263 of 2009 With Interlocutory application No. 29 of 2012 In Letters Patent Appeal No. 15 of 2012 ====================================================== Achhelal Singh, S/O Rudal Singh, R/O Village- Nirakhapur, P.S.- Sisawan, P.O.- Gyaspur, District- Siwan .... .... Petitioner/Appellant Versus 1. The State of Bihar 2. The Secretary-Cum-Commissioner, Department of Education, Bihar, Patna 3. District Magistrate, Siwan 4. District Superintendent of Education, Siwan 5. Block Development Officer, Siwan, District- Siwan 6. Block Education Extension Officer, Siswan, District- Siwan 7. Mukhiya, Gram Panchayat Gyaspur, Anchal- Sisawan, District- Siwan 8. Awadh Raj Singh S/O Asheshwar Singh, R/O Village- Nirakhepur, P.S.- Siwan, District- Siwan .... .... Opp.Parties/ Respondents ====================================================== Appearance : For the Appellant/s : Mr. Dr. Umashankar Prasad, Sr. Advocate. Mr. Kamala Kant Tiwary, Advocate. For the Respondent/s : Mr. Namrta Mishra GP 1.====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE”

25. 01-2012 Re. Interlocutory Application no. 29 of 2012 The delay of 30 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 15 of 2012: This Appeal preferred under Clause 10 of the Letters Patent arises from the order dated 3rd December 2010 made by the learned single Judge in Civil Review No. 263 of 2009 and 2 Patna High Court LPA No.15 of 2012 (5) dt.25-01-2012 2/2 the judgment and order dated 17th February 2009 passed by the learned single Judge in CWJC No. 14497 of 2009. Learned counsel Mr. Dr. Umashankar Prasad has appeared for the appellant. He submits that although he was not a party to CWJC No. 14497 of 2009, in view of the directions issued in the said writ petition, the appellant has been removed from service as Panchayat Sikshak. Mr. Prasad states that the appellant will challenge the order of removal from service in a substantive proceeding before the appropriate forum. He, therefore, seeks leave to withdraw this Appeal. Leave is granted. The Appeal is disposed of as withdrawn. We clarify that we have not examined the challenge made in the present Appeal on merit. The Appellant will be at liberty to challenge the order of removal from service in a substantive proceeding before the appropriate forum. In the event the appellant challenges his removal from service the same shall be considered in accordance with law. Nothing stated in this order or the impugned judgment and order dated 17 th February 2009 passed by the learned single Judge shall be prejudicial to the appellants interest. (R.M. Doshit, CJ) Sujit/- (Birendra Prasad Verma, J.)