Barkha Rani vs. The State Of Bihar& Ors.
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Order Issued After Hearing
Purpose:
Disposed
Listed On:
3 Apr 2012
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Order Text
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 13316 of 2011
====================================================== Barkha Rani W/O Sri Diwakar Mandal R/O Vill.-Samaspur, P.O.-Samaspur, P.S.-Maheshkunt, Distt.-Khagaria. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Principal Secretary, Human Resources Development Department, Govt. Of Bihar, Patna-1. 3. The Director, Secondary Education, Human Resources Development Deptt., Govt. Of Bihar, Patna-1. 4. District Education Officer, Khagaria-Cum-Secretary, Zila Parishad, Madhyamik Shikshak Niyojan Panel Niram Samiti, Khagaria. 5. The Chairman, Zila Parishad, Khagaria. 6. The Headmaster, K.B.C. High School, Gauchhari, Distt.-Khargia. 7. The Deputy Development Commissioner-Cum-C.E.O., Zila Parishad Khagaria.
.... .... Respondent/s
====================================================== Appearance : ======================================================
For the Petitioner/s : Mr. Vivekanand Vivek For the Respondent/s : Mr. P.N. Sahi Aag14 For the Zila Parishad : Mr. Nikesh Kumar, Advocate
CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
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03. 03.04.2012 Learned counsel for the petitioner seeks permission to withdraw the Writ Application with liberty to challenge the earlier Order, dated 05.09.2009, passed by the District Teachers Employment Appellate Tribunal, Khagaria, by which the petitioner's appointment was cancelled.
The Writ Application is, accordingly, dismissed as withdrawn with the aforesaid liberty.
It is, however, made clear that the order, dated 05.09.2009 passed in Review Writ Petition No. 355 of 2009 by the District Teachers Employment Appellate Tribunal, Khagaria is an order without jurisdiction as the said authority has no power of
review under the law.
The Appellate Authority is further directed not to give case headings as "Review Writ Petition" as no such jurisdiction of issuing writs has been conferred upon it.
Let a copy of this order be communicated to the District Teachers Employment Appellate Tribunal, Khagaria.
(Ajay Kumar Tripathi, J.)
SKM/-