The State Of Bihar And ORS v. Viveka Nand Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3076 of 2018 In Civil Writ Jurisdiction Case No.7158 of 2018 ====================================================== 1.The State of Bihar through the Principal Secretary, Agriculture Department, Bihar, Patna

2. The Agriculture Production Commissioner, Bihar, Patna

3. The Director, Agriculture, Govt. of Bihar, Patna

4. The District Magistrate, Khagaria

5. The Director, Udyan, Govt. of Bihar, Patna

6. The Director, Land Bhumi Sarvekshan, Bihar, Patna'

7. The Deputy Director, Agriculture, Extension, Bihar, Patna

8. The Joint Agriculture Director, Bihar, Patna

9. The District Agriculture Officer, Khagaria ... ... Petitioner/s

Versus

Viveka Nand Singh son of Late Narshing Prasad Singh, resident of village+ P.O. Satish Nagar, P.S. Pasraha, Block-Parbatta, District-Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Shankar Prasad, AC to GP-14 For the Opposite Party/s :

Mr.Arun Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-05-2019 The present modification petition has been filed seeking modification in the order dated 20.04.2018 passed by this Court in CWJC No. 7158 of 2018, whereby and whereunder the petitioner was granted liberty to approach the respondent no. 3 i.e. the Director, Agriculture, Bihar, Patna against the order passed by the District Magistrate, Khagaria terminating the services of the petitioner.

The learned counsel for the State Government submits that as per clause-18 of the Kishan Salahkar Selection Guidelines, the order passed by the District Magistrate is

Patna High Court MJC No.3076 of 2018(6) dt.15-05-2019 2/2 appealable before the Divisional Joint Director, hence the directions to the respondent no. 3 vide order dated 20.04.2019 be modified and the Divisional Joint Director, Munger be directed to take the final decision in the matter. Accordingly, the present modification petition is allowed and the order dated 20.04.2018 is modified to the extent that the representation of the petitioner already made before the respondent no. 3 which has been referred to the Divisional Joint Director, Munger for taking a final decision, be decided by the said Divisional Joint Director. The decision be taken by the Divisional Joint Director, Munger within a period of four weeks from today.

(Mohit Kumar Shah, J) S.Sb/- U