High Court Patna High Court - Orders

Rima Kumari vs State Of Bihar & Ors. on 22 June, 2011

Patna High Court – Orders
Rima Kumari vs State Of Bihar & Ors. on 22 June, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              MJC No.511 of 2010
                  1. RIMA KUMARI W/O SHRI PATI NARAYAN MISHRA
                  R/O VILL. AMHI MISHIR, P.O. JIGNA DUBEY, P.S.
                  BHORE, DISTT.- GOPALGANJ
                                      Versus
                  1. THE STATE OF BIHAR
                  2. SRI KULDIP NARAYAN, THE DISTRICT
                  MAGISTRATE, GOPALGANJ
                  3. SRI RAKESH CHOUDHARY, DISTRICT
                  SUPERINTENDENT OF EDUCATION, GOPALGANJ
                  4. SRI AKHILESHWAR PRASAD, BLOCK DEVELOPMENT
                  OFFICER, BHORE, P.O.+P.S.- BHORE, DISTT.-
                  GOPALGANJ
                  5. SRI BISHESHWAR RAM, MUKHIYA GRAM PANCHAYAT
                  RAJ CHATIYAW, P.O.- CHATIYAW, P.S. BHORE,
                  DISTT.- GOPALGANJ
                  6. SRI BIDYA PD. RAI, PANCHAYAT SECRETARY,
                  GRAM PANCHAYAT RAJ CHATIYAW, P.O. CHATIYAW,
                  P.S. BHORE, DISTT.- GOPALGANJ
                  7. TARKESHWAR PD. GUPTA S/O SHYAM PRASAD
                  GUPTA R/O VILL.- DAHIYAW, P.O. JAGANA DUBEY,
                  P.S. BHORE, DISTT.- GOPALGANJ
                  8. GYANTI DEVI W/O SUBHASH GORA R/O VILL.-
                  AMAHI MISHOR, P.O. JIGANA DUBEY, P.S. BHORE,
                  DISTT.- GOPALGANJ
                  9. RISHIKESH TIWARY S/O RAM AWADH TIWARI R/O
                  VILL.- DAHIYAW, P.O. JIGANA DUBEY, P.S.
                  BHORE, DISTT.- GOPALGANJ
                  10. KUMAR NIRAJ PRASAD S/O CHHEDI BAITHA R/O
                  VILL.- CHATIYAW, P.O. JIGANA DUBEY, P.S.-
                  BHORE, DISTT.- GOPALGANJ
                  11. INDU DEVI W/O RAM ABADH RAM R/O VILL.-
                  BELWA, P.O. MUSHAHARI, P.S. VIJAYIPUR,
                  DISTT.- GOPALGANJ
                  12. SHAKIR ANSARI S/O RAJ MAHAMMAD ANSARI R/O
                  KATAIYA, P.O. KATAIYA, P.S. KATAIYA, DISTT.-
                  GOPALGANJ
                  13. SURYA DEO PRATAU PYASI S/O MAHANAND
                  MISHRA R/O VILL.- DIHWA, P.O. JIGANA DUBEY,
                  P.S. BHORE, DISTT.- GOPALGANJ
                                -----------

8 22.06.2011 The opposite party, Panchayat

Secretary, who is present in Court, has

supplied the original appointment letter

dated 16.05.2011 through his counsel Sri
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Madan Kumar Mishra who has handed it over to

Sri Bipin Bihari Singh, learned counsel for

the petitioner. By this letter, petitioner

has been appointed as a Panchayat Teacher in

the Primary School Chhatiyawan.

Learned counsel for the petitioner

submits that the father’s name of the

petitioner has been wrongly mentioned as Shri

Pati Narayan Tiwary. It should be Shri Pati

Narayan Mishra.

The appointment letter shall be

treated as corrected to that extent. Since

the appointment letter has been handed over

to learned counsel for the petitioner in

Court today, the petitioner is directed to

present herself before the headmaster of the

school within three days along with the said

appointment letter. On her appearance and on

receipt of the appointment letter the

headmaster of the school shall accept the

joining of the petitioner as Panchayat

Teacher in the school.

Learned counsel appearing for

opposite party no.9 submits that the

petitioner has been appointed after removing

opposite party no.9. He submits that the
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opposite party no.9 is aggrieved by his

removal and the appointment of the petitioner

in his place. Therefore, he seeks liberty to

challenge the same in accordance with law in

an appropriate proceeding.

That liberty is granted to opposite

party no.9.

In view of this development, learned

counsel for the petitioner submits that he

does not intend to proceed in the matter and

he seeks permission to withdraw the

application.

The MJC application is accordingly

disposed of as withdrawn.

Arvind/                          ( J. N. Singh, J.)