Ram Babu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5900 of 2025 ====================================================== Ram Babu Rai, Son of Late Kamlu Rai, Resident of Village-Nayagaon West, P.O.-Nayaganj, P.S. Desari, District-Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Clean Bharat Mission and Lohiya Cleaning Scheme, the Bihar Gramin Jivikoparjan Protsahan Samitii, Rural Development Department, Bihar, Patna.

2.

The Executive Officer, Clean Bharat Mission-cum-Lohiya Cleaning Scheme, Rural Development Department, Bihar, Patna. 3.

The District Magistrate cum Chairman, District Cleaning Committee, Bharat Cleaning and Lohiya Cleaning Scheme, Vaishali at Hajipur. 4.

The Coordinator, District Water and Cleaning Committee, Vaishali at Hajipur.

5.

The Block Development Officer, Sahdei Bujurg, Vaishali at Hajipur. 6.

The Mukhiya, Gram Panchayat Raj, Nayagaon West, Vaishali at Hajipur. 7.

Santosh Kumar, son of Nageshwar Rai, Resident of Village-Nayaganj, P.S. Desari, District-Vaishali.

8.

District Panchayat Raj Officer, Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Y. Madhavi, Advocate Mr. Surendra Kishore, Thakur, Adv.

For the Respondent/s :

Mr. Vinay Kirti Singh, GA-2 Mr. Venkatesh Kirti, JC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-04-2025 Heard the parties.

2. At the outset, learned Advocate for the petitioner seeks permission to array the District Panchayat Raj Officer, Vaishali at Hajipur as respondent no.8 in the writ petition in course of the day.

3. Permission is accorded.

4. The petitioner is aggrieved with the action of the

Patna High Court CWJC No.5900 of 2025(2) dt.21-04-2025 2/3 respondent-Block Development Officer and the Mukhiya of the Gram Panchayat Raj, Nayagaon West in extending the appointment to the private respondent no.7 on the post of Sanitation Supervisor, Gram Panchayat Raj, Nayagaon West, without following the due procedure of law.

5. While pressing the writ petition, learned Advocate for the petitioner vehemently contended that the entire selection process has taken place in a surreptitious manner without inviting the application(s) from the eligible candidates. It is the specific contention of the petitioner that a Sanitation Supervisor is to be selected from the list of Swachchhata Grahi, who have been working to the satisfaction of the authorities concerned. The petitioner has been continuously discharging his duty on the post of Swachchhata Grahi, albeit his claim has not even been considered for selection to the post of Sanitation Supervisor. Moreover, in collusion with the Mukhiya of the Gram Panchayat Raj, Nayagaon West, the impugned selection has been made in favour of the private respondent no.7, which is tinkered with mala fide and various irregularities; hence, the present writ petition.

6. Learned Advocate for the State submits that since no relevant documents have been placed on record suggesting

Patna High Court CWJC No.5900 of 2025(2) dt.21-04-2025 3/3 any irregularity, hence, it would be proper for the petitioner to approach before the concerned authority who shall look into the claim of the petitioner and dispose off the same.

7. Having considered the submissions advanced by the learned Advocate for the respective parties, this Court finds substance in the submission of the learned Advocate for the State. Accordingly, the present writ petition stands disposed off with a liberty to the petitioner to approach before the District Panchayat Raj Officer, Vaishali at Hajipur by filing a representation, preferably within a period of four weeks' from today.

8. In case, such a representation is filed, the concerned respondent shall be obliged to consider the claim of the petitioner and shall dispose off the same after giving proper opportunity of hearing to all the stakeholders within a further period of twelve weeks'.

(Harish Kumar, J) rohit/- U