Arun Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5217 of 2016 =========================================================== Arun Kumar Son of Raghunath Ram resident of village + P.O. Karnpura, Gram Panchayat - Nautan, District - Chapra, Saran .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna

2. The District Magistrate, Saran ( Chapra )

3. The District Panchayati Raj officer, Saran ( Chapra )

4. The District Welfare Officer, Saran ( Chapra )

5. The S.D.O. Marhaoura, Saran

6. The Block Development officer, Marhaoura, Saran

7. The Block Welfare officer, Marhaoura, Saran

8. The Executive officer, Nagar Panchayat, Marhaoura, Saran

9. The Sub - Divisional Welfare officer Marhaoura, Saran .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Jai Kishore Sharma, Adv. Mr. Ranjeet Kumar, Adv.

For the Respondent/s : Mr. Vijay Bharti, AC to SC-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 15-11-2017 Heard learned counsel for the parties.

It is the grievance of the petitioner that even though the petitioner has been selected as Vikash Mitra following a selection process initiated by the respondents, evidence whereof is at Annexure 5 which places the petitioner at serial no.1, yet the appointment order is not being issued.

Although the writ petition was filed on 14.3.2016 and though the B.D.O., Marhaoura, S.D.O., Marhaoura as well as the District Magistrate, Saran are made party respondent but they have

Patna High Court CWJC No.5217 of 2016 dt.15-11-2017 not chosen to file any counter affidavit and the Principal Secretary, Panchayati Raj Department while filing his affidavit has simply shirked of the responsibility.

In the circumstances discussed and instead of keeping the writ petition pending, I deem it proper to dispose of the same with a direction to the District Magistrate, Saran to examine the matter as to why even after selection of the petitioner as Vikash Mitra vide Annexure 5, the appointment order has not been issued and dispose of the same in accordance with law by a speaking order. The District Magistrate, Saran shall, if necessary, take assistance of the S.D.O., Marhaoura as well as the B.D.O., Marhaoura while passing appropriate order because Annexure 5 bears signature of those two authorities. Let final order on the grievance raised be passed within three months from the date of receipt/ production of a copy of this order.

The writ petition is disposed of accordingly. (Jyoti Saran, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.11.2017 Transmission Date NA