IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.911 of 2009 Fulo Ram s/o late Sarovar Ram, r/o village – P.O.- Phulwaria, P.S. Kisanpur, District – Supaul ………. Appellant Versus 1. Md.Zaheer Ansari s/o Salamat Ansari r/o Mohalla – Meer Tola, P.S. & District – Saharsa …Petitioner – Respondent 2. The State of Bihar through the Chief Secretary, Government of Bihar, Patna 3. The Secretary, Primary, Secondary and Adult Education, Government of Bihar, Patna 4. The Director, Primary Education, Govt. of Bihar, Patna 5. The District Magistrate, Saharsa 6. The Deputy Development Commissioner, Saharsa 7. The District Superintendent of Education, Saharsa …………… Respondents ----------- For the Appellant: Mr. Diwakar Prasad Singh For the Respondents: None --- 3 3/8/2009 Heard learned counsel for the appellant in respect of I.A. No.4781 of 2009. This I.A has been filed seeking leave of this court for filing the present appeal by the appellant although he was not a party to the writ petition which has been dismissed by the writ court by the order under appeal. We would have allowed the prayer of the appellant to maintain this appeal if he was in a position to show that he is adversely affected by any order of the writ court. But having gone through the order under 2 appeal, we find that the writ court has not passed any order nor made any observation against this appellant who claims to be the Head Clerk of the concerned Department at Saharsa. The appellant is aggrieved by some departmental action taken against him by the authorities. He is under apprehension that such an action has been taken pursuant to the order of the writ court. On going through the order, we find that the writ court has not made any such order or observation. To the contrary the writ court did not give any weightage to the assurances on behalf of the officials of the concerned Department that the departmental proceedings shall be initiated against the Head Clerk and other officials. Instead the writ court referred the matter to the State Cabinet Vigilance to make inquiries and take appropriate action against the responsible people. In view of the tone and tenor of the order under appeal, we are of the firm opinion that it does not affect the appellant prejudicially in any manner. If he is aggrieved by any departmental action against him, he 3 would be at liberty to challenge such action through an appropriate proceeding in accordance with law. I.A. No.4781 of 2009 and appeal are, accordingly, disposed of. Neyaz/ (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)