Sudhir Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11638 of 2016 =========================================================== Sudhir Kumar Gupta son of Vishwanath Gupta resident of Village- Tamganj, P.S. Narpatganj, District Araria at Present Working as Panchayat Rozgar Sevak, Sirsitha Gram Panchayat, Block Bhargama,district Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Rural Development Department, Govt. Of Bihar,Patna

3. The Manrega Commissioner, Bihar,Patna

4. The District Magistrate, Araria

5. The Deputy Development Commissioner, District Rural Development Authority (Manrega Cell), Araria

6. The Programme Officer, Bhargama, Araria

7. The Block Development Officer, Bhargama. Araria

8. The Mukhiya, Gram Panchayat Raj, Simarbani Panchayat, Bhargama. Araria .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar For the Respondent/s : Mr. KAUSHAL KR. JHA- AAG14 =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 17-10-2016 Heard Mr. H.P. Singh for the petitioner and Mr. Amish Kumar, AC to AAG-14 for the State.

The petitioner is the Panchayat Rojgar Sewak and is aggrieved by the order dated 22.01.2016, passed by the respondent Programme Officer (Annexure1) whereby the said respondent, on a consideration of the materials placed before him, directed for recovery of the amount from the petitioner as the work entrusted to him was not executed properly. It is stated by Mr. Singh that an explanation/show cause has been filed by the petitioner before the respondent Programme Officer and the same has been referred to the Deputy Development Commissioner by the respondent Programme Officer for consideration. Annexure-8 is the communication made in this regard by the respondent

Patna High Court CWJC No.11638 of 2016 dt.17-10-2016 2/2 Programme Officer, Bhargama, Araria.

Learned Counsel for the State having appreciated the aforesaid fact has submitted that the matter is still under consideration before the respondent Deputy Development Commissioner. The present writ petition is premature. Having heard the parties, I am inclined to dispose of the writ petition by the following order:- Let the respondent Deputy Development Commissioner, Araria where the matter is said to be pending, consider the case of the petitioner in the light of the explanation(s) submitted by him and take appropriate decision thereon in accordance with law, if not already taken, within 05 weeks from the date of receipt/production of a copy of this order before the said respondent. (Kishore Kumar Mandal, J) HR/- AFR/NAFR NAFR CAV DATE Uploading Date 18.10.2016 Transmission Date