IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2217 of 2010
MD.ASLAM S/O MD. AKHTAR HUSSAIN R/O VILL. AND P.O.-
CHAKBAHAUDDIN, P.S.- DALSINGSARAI, DISTT.-
SAMASTIPUR
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL
SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT.,
GOVT. OF BIHAR, PATNA
2. THE MEMBER, DISTRICT TEACHERS APPOINTMENT
APPELLATE AUTHORITY, SAMASTIPUR
3. THE DISTRICT MAGISTRATE CUM COLLECTOR,
SAMASTIPUR
4. THE DISTRICT SUPERINTENDENT OF EDUCATION,
SAMASTIPUR
5. THE DISTRICT EDUCATION OFFICER, SAMASTIPUR
6. THE BLOCK EDUCATION EXTENSION OFFICER, UJIARPUR,
DISTT.- SAMASTIPUR
7. THE BLOCK DEVELOPMENT OFFICER-CUM-APPELLATE
AUTHORITY, PANCHAYAT TEACHERS EMPLOYMENT 2006,
UJIARPUR BLOCK, DISTT.- SAMASTIPUR
8. THE MUKHIYA-CUM-CHAIRMAN, PANCHAYAT TEACHERS
SELECTION COMMITTEE, GRAM PANCHAYAT RAJ MALTI,
UJIARPUR BLOCK, DISTT.- SAMASTIPUR
9. THE PANCHAYAT SEWAK-CUM-SECRETARY, PANCHAYAT
TEACHER SELECTION COMMITTEE, GRAM PANCHAYAT RAJ
MALTI, UJIARPUR BLOCK, DISTT.- SAMASTIPUR
10. MD. JAVED AKHTAR S/O ABDUL GAFFAR R/O VILL. & P.O.-
MALTI, UJIARPUR, DISTT.- SAMASTIPUR
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02. 03.12.2010 Submission of the learned counsel for the petitioner is that
the impugned order dated 17.11.2009 passed by the District Appellate
Tribunal, Samastipur is based on error of record because order sheet of
the appellate authority contained in Annexure-6 in relation to Appeal
No. 522 of 2009 itself indicates that the matter was looked into by the
erstwhile Block Development Officer and the matter referred for
consideration in relation to appointment related to Gram Panchayat in
question, which is Gram Panchayat Raj Malti.
The preliminary ground for rejection of the claim of the
petitioner seems to be that petitioner had not moved the Block
2
Development Officer at the relent time and the matter had not been
referred to the authority.
With the evidence having been brought on record in terms
of Annexure-6, Anneuxre-9 is quashed. The matter is reemitted back to
the respondents for a fresh consideration where all these facts will be
brought to the authorities by the petitioner.
The writ application is disposed of.
rkp ( Ajay Kumar Tripathi, J.)