IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.224 of 2009 VIJAY KUMAR, S/o Late Banwari Singh, Resident of village + P.O. Chhatihar, Police Station- Hisua, District- Nawada. …Petitioner/Appellant Versus 1. The State Of Bihar. 2. The Commissioner, Magadh Division, Gaya. 3. The District Magistrate, Nawada. 4. The District Superintendent of Education, Nawada. & 5. The Sub-Divisional Education Officer, Nawada …Respondnet/Respondent ----------- For the appellant : Mr. Teg Bahadur Singh, Sr. Advocate. For the State : Mr. A. Amanullah, SC 17 with Mr. M. K. Pathak, AC to SC 17. ------------- 4/ 30.06.2009 We have heard the parties in respect of I.A. No.3609 of 2009 through which the appellant has prayed for extending the order of stay passed on 25.3.2009 beyond the period of three months indicated in that order. We have also heard the parties on merits. In the facts of the case, we feel that there is no necessity of extending the interim stay order or keeping this appeal pending because the appeal itself can be disposed of with a simple observation. It has been fairly submitted by both the parties that the learned writ court in para 7 of the order under appeal remitted the matter back to Vidyalaya Shiksha Samiti for taking appropriate decision in view of allegations against the petitioner only on the basis of the submissions advanced on behalf of the writ petitioner before the writ court. The parties are in agreement that the proper authority to take disciplinary action against the petitioner, in view of Annexure-3 to this L.P.A., is the District Superintendent of Education, Nawada. - 2 - In the aforesaid facts, this appeal is finally disposed of by clarifying that the order of the writ court remitting the matter to the Vidyalaya Shiksha Samiti will stand substituted by our order remitting the matter back to the competent authority-the District Superintendent of Education, Nawada. In that view of the matter, the order contained in Annexure-4 to the LPA, which has been passed by the Vidyalaya Shiksha Samiti on the basis of the order under appeal stands quashed. The competent authority indicated above shall, however, pass appropriate orders in respect of allegations against the writ petitioner- appellant in accordance with law. JA/- (Shiva Kirti Singh, ACJ) (Anjana Prakash, J.)