Pawan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2184 of 2015 =========================================================== Pawan Kumar Son of Late Ramu Yadav Resident of Village - Bhelwa, P.O Aran, P.S AND District - Saharasa.

.... .... Petitioner/s

Versus

1. The State of Bihar, through Secretary, Home, Govt of Bihar, Patna.

2. District Magistrate, Saharsa.

3. District Statistics Officer. Saharsa.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Mukund For the Respondent/s : Mr. GP7- D.K. PRASAD =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 06-04-2015 *************** 06.04.2015 Heard learned counsel for the parties.

The District Magistrate is present in person. He has explained the reasons for non-filing of the counter affidavit within time, which was reason for his presence. Whatever follow up action is required to be taken against the defaulting employees, who did not carry out the direction, is for the District Magistrate to decide, but the Court only cautions him that assistance in judicial matters, pending before this Court, must be rendered within the time-frame fixed and directive issued from time to time.

A show-cause in this regard has been filed and is placed on record.

Patna High Court CWJC No.2184 of 2015 dt.06-04-2015 2/2 On the merits of the matter, a counter affidavit has been filed. The statement has been made therein, especially in paragraph 6 that a panel of candidates for appointment of Class-IV post was prepared in the month of May, 2014. The same has been sent to the Divisional Commissioner for roster clearance.

After roster clearance exercise will be done for appointment against the vacancies available in the district.

It is also stated that the name of the petitioner does figure at Srl. No. 164.

After the appointments are made, if a cause of action is made out, petitioner has freedom to approach, either the authority or a court of law. No further direction is required to be issued at this stage in view of the above developments.

Personal appearance of the District Magistrate, Saharsa is dispensed with.

Writ application stands disposed off with observation / direction as above.

(Ajay Kumar Tripathi, J.) SKM/- U