Shiv Narayan Chaudhary v. State of Bihar through the Principal Secretary, Human Resources Development Department
2014-01-29
I.A.ANSARI
body2014
DigiLaw.ai
ORDER : 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. By order, dated 3.5.2013 passed, in C.W.J.C. No. 16337 of 2012, this Court disposed of the writ petition with the direction to the Director, Primary Education, to dispose of, in accordance with law, the petitioner’s representation, which the petitioner had made seeking payment of his arrears of salary within a period of two months from the date of receipt of a copy of the order aforementioned. 3. Pursuant to the order, dated 3.5.2013, respondent No. 3 namely, Director, Primary Education, Govt. of Bihar, has disposed of the representation of the petitioner holding that the petitioner’s contention that he was a regular employee of the school, which the petitioner has claimed to have been an employee of, could not be proved. 4. The finding, arrived at by respondent No. 3, in the impugned order, dated 1.10.2013, is a finding of fact and a proceeding, under Article 226 of the Constitution of India, is not an appropriate proceeding for determining the correctness of the finding of fact, which respondent No. 3 has arrived at, for, determination of the correctness of the finding, so arrived at, would require holding of a roving enquiry, which would obviously necessitate taking of evidence and this would not be appropriate in a case of present nature. 5. In view of the above, this Court is of the firm view that the petitioner has not been able to make out any case warranting interference with the impugned order by invoking this Court’s extra-ordinary jurisdiction under Article 226 of the Constitution of India. 6. While, therefore, this writ petition is not admitted and shall accordingly stand dismissed, the petitioner shall remain at liberty to take recourse to appropriate provisions of law. 7. No order as to costs.