Dhirendra Kumar Yadav @ Dhirendra Prasad Yadav And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10925 of 2015 ====================================================== 1.

Dhirendra Kumar Yadav @ Dhirendra Prasad Yadav and Ors S/o Late Maheshwar Prasad Yadav, Resident of Village, P.O. and P.S. Manikpur, District- Madhepura.

2.

Shambhu Thakur, S/o Sri Yogendra Thakur, Son of Sri Yogendra Thakur, Resident of Mohalla- Laxmipur, Ward No 11, Madhepura, P.S.- Madhepura, District- Madhepura.

3.

Md. Khannuddin, Son of Md. Habib, Resident of Mohalla- Naulokhia, Ward No.1, Madhepura, P.S.- Madhepura, District- Madhepura. 4.

Umesh Gupta, Son of Bhikha Gupta, Resident of village- Manpur, P.O.- Bharrahi Bazar, P.S. and District- Madhepura. 5.

Shambhu Prasad Yadav, Son of Jamun Prasad Yadav, Resident of Village, P.O. and P.S. Manikpur, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principle Secretary, General Administrative Department, Government of Bihar, Patna.

3.

The Commissioner, Kosi Division, Saharsa.

4.

The Collector cum District Magistrate, Madhepura 5.

The Deputy Collector Nazarat, Madhepura Collectorate Madhepura. 6.

The Deputy Collector Establishment, Madhepura Collectorate Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shanti Pratap, Advocate For the Respondent/s :

Mr. Sunil Kr. Mandal, SC-3 Ms. Nellam Kumari, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 29-11-2024 In the instant petition, petitioners have prayed for the following relief(s):- "1. That, this writ application is being filed for quashing the order contained in Memo No.750-2 dated 26.08. 2014 issued under the signature of District Magistrate, Madhepura by which the representation filed

Patna High Court CWJC No.10925 of 2015 dt.29-11-2024 2/3 by the petitioners has been rejected on nonexistent ground.

This application is also being filed for quashing the contained the order contained in Memo No. 1086-2 dated 5.12.2014 issued under the signature of District Magistrate, Madhepura by which the applications filed by the candidates including the petitioners for inclusion of their names for appointment against class iv post under Madhepura Collectorate, has been rejected.

This application is also being filed for commanding the respondents particularly the District Magistrate, Madhepura to consider the claim of the petitioners for their appointment against sanctioned and vacant class iv post under Madhepura Collectorate and its attached office in response to the advertisement being Communique issued under the signature of District Magistrate Madhepura vide P.R.-1088(Zila)11-12.

This application is also being filed for holding that the impugned orders dated 26.8.2014 and 5.12.2014 as contained in Annexure-1 and 2 respectively are illegal,arbitrary, malafide and without any lawful justification.

This writ application is also being filed for restraining the respondents from giving effect to the impugned orders."

2. Perusal of Annexure-6 read with the impugned order one has to draw inference that in the absence of material information one man inquiry committee proceeded to pass order in favour of the petitioners on 29.07.2011 in recommending for appointment or regularization of the petitioners services. Whereas,

Patna High Court CWJC No.10925 of 2015 dt.29-11-2024 3/3 perusal of one man inquiry committee decision dated 29.07.2011 is not reasoned and speaking order. In other words, he should have analyzed the service particulars of each of the petitioner's service from the date of entering into service and other materials. In the absence of those materials, the petitioners have not made out a case. Accordingly, the present writ petition stands dismissed. (P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A