Patna High CourtCWJC/20632/2011disposed

M.Mamnoon Alam v. The State Of Bihar And ORS

2017-07-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20632 of 2011 =========================================================== M. Mamnoon Alam, son of Late Sahidul Haque, P.O., P.S. & District: Kishanganj. .... .... Petitioner

Versus

1. The State Of Bihar.

2. Director, Panchayati Raj, Bihar, Patna.

3. Zila Parishad, Kishanganj Through Its Chief Executive Officer.

4. Chairman, Zila Parishad, Kishanganj.

5. Deputy Development Commissioner-Cum-Chief Executive Officer, Zila Parishad, Kishanganj.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sanjay Singh, Mr. Radha Mohan Singh, Advocates.

For the Zila Parishad : Mr. Nikesh Kumar, Advocate. For the State : Ms. Shilpa Singh, GA-12 Ms. Abhanjali, AC to GA-12 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-07-2017 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the Zila Parishad.

2. The present writ petition has been filed for a direction to the respondent authorities to approve the promotion of the petitioner on the vacant post of Assistant, which was granted to him vide memo no. 455 dated 27.11.1999.

3. At the very outset, learned counsel for the petitioner accepts that a representation has been filed before the Director, Panchayati Raj, Bihar, Patna on 30.05.2005 (Annexure-2) which is still pending. He also invites attention to the letter dated 22.12.2011 (Annexure-C) issued by the Deputy Secretary, Panchayati Raj Department, Bihar Patna to the Deputy Development Commissioner-

Patna High Court CWJC No.20632 of 2011 dt.18-07-2017 2/2 cum-Chief Executive Officer, Zila Parishad, Kishanganj, inter alia, observing that some irregularities have occurred in the matter of promotion of the petitioner. It has further been directed that the relevant details relating to seniority list, roster clearance proceedings of the meeting of the Promotion Committee etc., be made available.

4. Learned counsel for the respondent-State as well as Zila Parishad appear and have been heard.

5. With the consent of the parties, the writ petition is disposed of with a direction to the Director, Panchayati Raj, Bihar Patna (respondent no. 2) to consider and dispose of the petitioner's representation dated 30.05.2005 (Annexure-2), if still pending, after grant of opportunity of hearing to the petitioner in accordance with law. It is made clear that the respondent-Zila Parishad shall make the relevant records and details available to the respondent no. 2 to facilitate disposal of the representation.

(Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 22.07.2017 Transmission Date N.A.