JUDGMENT :

The appellant, the petitioner before the learned Single Judge, in the writ petition challenged the order of the District Teachers Employment Appellate Tribunal (for brevity ‘Appellate Tribunal’), Jehanabad in Complaint Case No.521(44)/2011. As a consequence of the order dated 23.11.2011 of the appellate authority, the Panchayat Secretary of the Gram Panchayat by communication dated 16.05.2012 removed the appellant from the post of Panchayat Teacher.

2. Before the learned Single Judge, the State pointed out a statutory appellate remedy before the State Appellate Authority which was brought in by the Bihar State School Teachers and Employees Dispute Redressal Rules, 2015 (for brevity ‘Rules of 2015’). The State asserted that when there is an efficacious alternate remedy, the extra ordinary jurisdiction under Article 226 of the Constitution should not be invoked. The appellant, however, pointed out that when the order was issued, there was no such appellate forum. Hence, a writ petition was filed and there was no reason to send back the petitioner to the appellate authority when the matter had engaged the attention of this Court for five years; from 2012 to 2017.

3. The learne