← Library
Patna High CourtCWJC/2346/2013disposed

Sanjay Kumar Sangam v. The State Of Bihar And ORS

2016-04-04Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2346 of 2013 ===========================================================

1. Sanjay Kumar Sangam Son Of Sri Bhagwan Das Resident Of Village - Tarhar, P.S. - Sanhaula, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. District Teachers Employment Appellate Tribunal, Through Its Member, Bhagalpur

3. Block Development Officer Sanhaula, District - Bhagalpur

4. Panchayat Secretary, Gram Panchayat Kamalpur Sfichak, P.S. - Sanhaula, District - Bhagalpur

5. Md. Mustafa Son Of Kasim Kazi Resident Of Village - Mangachak, P.S. - Sanhaula, District - Bhagalpur At Present Working As Mukhia Of Gram Panchayat Kamalpur Srichak, P.S. - Sanhaula, Distt. Bhagalpur

6. Rajendra Prasad Singh Son Of Not Known To Then Panchayat Secretary Gram Panchayat Kamalpur Srichak At Present Working As Gram Panchayat Madhopur P.S. Sanhaula, District - Bhagalpur

7. Bibi Roushan Ara Wife of Md. Sarfaraz Alam Resident of Village - Mungachak, P.S. - Sanhaula, District - Bhagalpur

8. Md. Saukat Ali Ahmad Son Of Md. Sarif Ansari Resident Of Village - Milii Dustani, P.S. - Dharaia, District - Banka, At Present Working As Teacher In Primary School Srichak, P.S. - Sanhaula, Distt. Bhagalpur

9. Bipula Devi Wife Of Bindeshwari Prasad Das Resident Of Village - Manharadekh, P.S. - Dhoraia, District - Banka, At Present Working As Teacher In Primary School Azampur, P.S. Sanhaula, District - Bhagalpur

10. Asama Ara D/O Ramjan Ali, Ansari Resident Of Village - Bhurhi, P.S. - Sanhaula, District - Bhagalpur, At Present Working As Teacher In Urdu Middle School Manga Chak, P.S. - Sanhaula, District - Bhagalpur

11. Supria Kumari Wife Of Umesh Chandra Singh At Present Working As Teacher In Urdu Primary School Bakhadda, P.S. - Sanhaula, District - Bhagalpur

12. Yogesh Kumar Son Of Parma Nand Harijan At Present Working As Teacher In Primary School Udhamadih, P.S. Sanhaula, District - Bhagalpur

13. Md. Mustafa Ali Son Of Shekha Hamid At Present Working As Teacher In Primary School Udhamadih, P.S. Sanhaula, District - Bhagalpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Prasad Mr Surinder Kumar For the Respondent/s : Mr. R.N.Dubey, AAG 12 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 04-04-2016

Patna High Court CWJC No.2346 of 2013 dt.04-04-2016 2/2 The Senior Superintendent of Police, Bhagalpur has filed an affidavit from which it is evident that after due investigation of Sanhaula PS Case No.14 of 2015, dated 23.3.2015, prima facie evidence and material has come that the selection or appointment made by the concerned Gram Panchayat is fraud with all kinds of illegalities and irregularities. A charge-sheet has now been filed against Mukhiya of the Gram Panchayat, Secretary of the Gram Panchayat and many of these candidates. If that be so, naturally the trial will ultimately decide the culpability of criminal kind against the accused persons.

In the controversial circumstances as above, no interference is warranted with Annexure-8 dated 9.10.2012 passed by the District Teachers Employment Appellate Authority. In a situation of the above kind, any appointment against the said post will be required to be initiated afresh as and when the respondent State authorities decide to fill up the post of the said Gram Panchayat. Writ application stands disposed of now.

(Ajay Kumar Tripathi, J) sk U