Dipika Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2293 of 2019 ====================================================== Dipika Kumari Wife of Pravin Kumar Resident of Ajan, P.S.-Goh, DistrictAurangabab ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna 2.

The Commissioner, Magadh Division, Gaya 3.

The District Magisrate Cum Collector, Aurangabad. 4.

The Deputy Development Commissioner, Aurangabad 5.

The District Panchayat Raj Officer, Aurangabad 6.

The Block Development Officer Goh 7.

The Panchayat Secretary, Phag Panchayat, Goh Block, Aurangabad 8.

The Selection Committee through Chairman, Goh, Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Singh, Advocate Ms. Malti Kumari, Advocate For the Respondent/s :

Mr. Kameshwar Pd.Gupta (Gp10) Mr. Satya Vrat AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 23-01-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed by the petitioner for quashing the fresh advertisement published vide Memo No.134 dated 18.09.2018 issued by respondent No.3, the District Magistrate, Aurangabad, withing completing the process of appointment of earlier advertisement published for appointment of Gram Kachahari Secretary pursuant to Memo

Patna High Court CWJC No.2293 of 2019 dt.23-01-2024 2/2 No.419 dated 21.04.2018.

3. Learned counsel for the State submits that in the year 2014 the Bihar Gram Katchahary Sachiv (Employment, Service Condition and Duty) Rules, 2014, came into existence under which Rule 7 of the Rules, 2014 specified that any disputes/grievances over selection/appointment on the post of Gram Katchahary Secretary an appeal has to be preferred before the concerned District Panchayat Raj Officer, Aurangabad, within 30 days from the date of such employment and he has to take decision within a period of 45 days.

4. In the light of the submissions made, it transpires to this Court that the petitioner has preferred the writ petition directly without availing the provision of statutory remedy. Accordingly, this writ petition is disposed off directing the petitioner to file representation/appeal along with the order passed by this Court within 30 days and the authority concerned is directed to pass a reasoned and speaking order on the representation/appeal filed by the petitioner within 45 days. (Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.01.2024 Transmission Date NA