Shashi Kant Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.289 of 2024 In Civil Writ Jurisdiction Case No.617 of 2024 Shashi Kant Sharma Son of Sri Mohan Lal Sharma, Resident of MohallaPolice Lince, Bhabhua, P.O. and P.S. Bhabhua, District - Kaimur at Bhabhua, the Block Development Officer Simri-cum- Executive Officer, Block Panchayat Samiti, Simri, District - Buxar.
... ... Appellant/s
Versus
1.
The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.
2.
The Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna.
3.
The Director, Panchayat Raj Department, Government of Bihar, Patna. 4.
The District Magistrate, Buxar.
5.
The Sub-Divisional Officer, Dumraon, District- Buxar(wrongly typed Gaya). 6.
The District Panchayat Raj Officer, District Buxar. 7.
The Block Panchayat Raj Officer Simri, District- Buxar. 8.
Chandan Kumar Son of Subhash Kumar The elected members of Block 9.
Pramod Mishra Son of Kanhaiya Mishra The elected members of Block 10.
Asha Devi Wife of Bachan Mallah The elected members of Block Panchayat Samiti, Simri through the Block Development Officer -cum- Executive Officer, Block Panchayat Samiti, Simri, P.S. Muffasil, District -Buxar. 11.
Vijay Bin Son of Chhathu Bin The elected members of Block Panchayat Samiti, Simri through the Block Development Officer -cum- Executive Officer, Block Panchayat Samiti, Simri, P.S. Muffasil, District -Buxar. 12.
Santosh Yadav Son of Kesho Yadav The elected members of Block 13.
Sangeeta Kumari Wife of Nirmal Kumar Yadav The elected members of District -Buxar.
14.
Pushpa Devi Wife of Om Prakash Singh The elected members of Block
2/5 15.
Dinesh Kumar Sahu Son of Sati Sahu The elected members of Block 16.
Moti Jhariya Devi Wife of Shiv Munni Yadav The elected members of Block 17.
Angad Kumar Singh Son of Ram Byas Singh The elected members of Block 18.
Sushila Devi Wife of Sayanarayan Dubey The elected members of Block 19.
Sima Devi Wife of Dinesh Singh The elected members of Block Panchayat Samiti, Simri through the Block Development Officer -cum- Executive Officer, Block Panchayat Samiti, Simri, P.S. Muffasil, District -Buxar. 20.
Anshu Kumari Wife of Rohit Kumar The elected members of Block 21.
Rachna Kumari Wife of Pintu Kumar Yadav The elected members of Block 22.
Pinki Devi Wife of Sri Bhagwan Singh The elected members of Block 23.
Ajay Kumar Ojha Son of Ramashankar Ojha The elected members of Block 24.
Surajwanti Devi Wiofe of Srinath Ram The elected members of Block 25.
Devkaliya Devi Wife of Yamuna Yadav The elected members of Block 26.
Virendra Paswan Son of Late Banwari Paswan The elected members of
3/5 District -Buxar.
27.
Subhash Gond Son of Bhimal Gond, The elected members of Block 28.
Manoj Kumar Ojha Son of Shambhu Nath Ojha The elected members of District -Buxar.
29.
Bimlesh Kumar Rai Son of Shiv Kripal Rai The elected members of Block 30.
Deepak Kumar Son of Gopal Prasad The elected members of Block 31.
Chandan Kumar Son of Subhash Kumar The elected members of Block 32.
Kamlawati Devi Wife of Hareram Kunwar The elected members of Block 33.
Simpi Devi Wife of Surendra Kumar Paswan The elected members of Block 34.
Gayatri Devi Wife of Pankaj Dubey The elected members of Block 35.
Reema Rai Wife of Jay Prakash Rai The elected members of Block 36.
Puja Devi Wife of Sanjay Kumar Chaurasiya The elected members of Block 37.
Priyanka Devi @ Priyanka Pathak W/o Niraj Kumar Pathak Resident of Village and P.O. Niyazipur, P.S. Simri, District- Buxar. ... ... Respondent/s Appearance :
4/5 For the Appellant/s :
Mr.Awnish Kumar, Advocate For the Respondent/s :
Mr.Government Advocate 05 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-05-2024 The appellant, the Block Development Officer is aggrieved by the interim order passed insofar as an inquiry having been directed. We specifically notice Paragraph 4 of the order which is extracted hereunder:
4. The Additional Chief Secretary, General Administration Department, Government of Bihar is directed to conduct through inquiry with respect to the affairs of the Block Office, Simri, Buxar by calling for the official records to judge the conduct the Block Development Officer, Simri, Buxar. In case, he finds that the action is required on administrative side, then in that case, he is directed to seek show cause from the Block Development Officer, Simri, Buxar and submit the inquiry report before the parent Department.
2. There is no direction to carry out a departmental enquiry. The direction is only to the effect that after going through the records if the Additional Chief Secretary finds that action is required on the administrative side, he would proceed with it.
3. We think that there is absolutely no reason to entertain an appeal from the said order to the extent it directs the records to be sent to the Additional Chief Secretary and the
5/5 further directions therein.
4. The appeal stands dismissed with the above observation.
(K. Vinod Chandran, CJ) ( Harish Kumar, J) Anushka/- U