IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1472 of 2009 1. BASUKI NATH SHARMA S/O LATE CHURA RAM SHARMA R/O VILL.- SHERMARI BAZAR, PIRPATTI, P.S. PIRPATTI, P.O. PIRPATTI, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, PATNA 3. THE REGIONAL DIRECTOR OF EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, BHAGALPUR For the Petitioner:- Mr. Tej Bahadur Singh, Sr. Advocate, Mr. Brajesh Kumar, Advocate & Mr. Gyan Shankar, Adovcate For the Respondents:- Mr. Mani Shankar Mishra, Advocate & Mr. Shambhu Nath, A.C. to G.P.-X. ----------- 03 26.04.2010 Heard learned counsel for the appellant and learned counsel for the respondents. The matter for promotion of the petitioner as a “Lohar”, a Scheduled Tribe, was rejected in C.W.J.C. No. 6966 of 1993. It is very fairly acknowledged that even the Special Leave Petition arising there from has been dismissed. The matter has thus attained finality inter-parties. The appellant does not have a case to that extent, and we see no reason to take any different view of the matter. However, in view of the series of litigations that have followed on the issue whether “Lohar” was a Scheduled Tribe or not culminating finally in S.L.P. (Civil) No. 5483 of 2000, disposed on 19.10.2006 finally holding that “Lohar” were not 2 Scheduled Tribe, learned counsel for the appellant moulded the submission, confining the relief to that part of the impugned order insofar as it directs recovery from him. The second part of the order observing that it amounted a gross misconduct liable to the severe punishment of removal from service appears infructous in view of the superannuation of the appellant. The Appeal is therefore disposed with the observation that if the appellant files any such representation before Principal Secretary of the Department, let the same be disposed off by a reasoned and speaking order within a maximum period of three months from the date of receipt/production of a copy of this order. We find no merit in this appeal except to the extent directed. P.K. (Navin Sinha, J.) (Dinesh Kumar Singh, J.)