IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2366 of 2010
UDAY KUMAR S/O JANKI PRASAD, R/O VILLAGE-
KOPIN, PO- BIJU BIGHA, PS- SOTAHI, DISTT-
NAWADAH-----------------PETITIONER
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT TEACHERS EMPLOYMENT APPELLATE TRIBUNAL,
NAWADAH REPRESENTED THROUGH ITS PRESIDING OFFICER
3. THE B.D.O. MESCOR, NAWADAH
4. THE BLOCK EDUCATION EXTENSION OFFICER, MESCOR, NAWADAH
5. SHRI KURBAN ALI MUKHIYA, PANCHAYAT RAJ, AKRI PANDEY
BIGHA, BLOCK MESCOR, DISTT-NAWADAH
6. THE MUKHIYA ( AS THE THEN WAS) PANCHAYAT RAJ, KARI
PANDEY BIGHA, BLOCK MESCOR, DISTT- NAWADAH
7. SHRI RAM NANDAN PD. SINGH, PANCHAYAT SECY. PANCHAYAT
RAJ, KARI PANDEY BIGHA, BLOCK MESCOR, DISTT- NAWADAH--
----------------------------RESPONDENTS.
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2 3.12.2010 Heard learned counsel for the parties.
Impugned order is annexure-4 dated 15.12.2009 by
virtue of which the appellate authority has decided and held that
the petitioner was appointed because he happened to be the son of
Mukhiya who was part of the decision making body, by illegally
removing one Arbind Kumar from the post of Shiksha Mitra. The
detailed findings in this regard are there.
Since the petitioner’s appointment on the post was
illegal and a clear case of nepotism, the appellate authority had
rightly held that the petitioner had no right and had to be validly
removed from the post. No interference is required in the matter.
This writ application is dismissed.
PS (Ajay Kumar Tripathi,J.)